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  • Commentaries
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Montana Case Commentaries

Insurer’s Duty to Defend Precludes Presumed Reasonableness of Unilateral Settlements: Montana Supreme Court Establishes New Precedent

Insurer’s Duty to Defend Precludes Presumed Reasonableness of Unilateral Settlements: Montana Supreme Court Establishes New Precedent

Date: Apr 25, 2019
Insurer’s Duty to Defend Precludes Presumed Reasonableness of Unilateral Settlements: Montana Supreme Court Establishes New Precedent Introduction The case of Draggin' Y Cattle Company, Inc.; and...
Affirmation of Repeat Persistent Felony Offender Sentencing under § 46-18-502(2), MCA

Affirmation of Repeat Persistent Felony Offender Sentencing under § 46-18-502(2), MCA

Date: Feb 20, 2019
Affirmation of Repeat Persistent Felony Offender Sentencing under § 46-18-502(2), MCA Introduction In the case of State of Montana v. Zachary Tucker Martin (394 Mont. 351), the Supreme Court of...
Standard for Judicial Disqualification in Parenting Cases: In Re The Parenting of L.R. (2018 MT 294)

Standard for Judicial Disqualification in Parenting Cases: In Re The Parenting of L.R. (2018 MT 294)

Date: Dec 5, 2018
Standard for Judicial Disqualification in Parenting Cases: In Re The Parenting of L.R. (2018 MT 294) Introduction The Supreme Court of Montana addressed a critical issue in judicial procedures...
Affirmation of Lower Court’s Parenting Plan: Establishing Standards for Parental Custody Decisions

Affirmation of Lower Court’s Parenting Plan: Establishing Standards for Parental Custody Decisions

Date: Nov 28, 2018
Affirmation of Lower Court’s Parenting Plan: Establishing Standards for Parental Custody Decisions Introduction The case of In re the Parenting of: L.G.L., a Minor Child (2018 MT 283) presents a...
Affirmation of Lower Court Decision in Rorabaugh v. Zelenka: Procedural Compliance and Lack of New Legal Precedent

Affirmation of Lower Court Decision in Rorabaugh v. Zelenka: Procedural Compliance and Lack of New Legal Precedent

Date: Nov 28, 2018
Affirmation of Lower Court Decision in Rorabaugh v. Zelenka: Procedural Compliance and Lack of New Legal Precedent Introduction The case of In Re The Marriage of: Jason L. Rorabaugh, Petitioner and...
Affirmation of GAL Testimony Despite Procedural Delays in Custody Proceedings

Affirmation of GAL Testimony Despite Procedural Delays in Custody Proceedings

Date: Nov 28, 2018
Affirmation of GAL Testimony Despite Procedural Delays in Custody Proceedings Introduction In the case of In re the Marriage of Benette Ann Johnson and Eric Michael Johnson (430 P.3d 1006), the...
Succession and Fiduciary Duties: Insights from Valentine E. Weisz Living Trust v. D.A. Davidson Trust Company

Succession and Fiduciary Duties: Insights from Valentine E. Weisz Living Trust v. D.A. Davidson Trust Company

Date: Nov 8, 2018
Succession and Fiduciary Duties: Insights from Valentine E. Weisz Living Trust v. D.A. Davidson Trust Company Introduction The case of Valentine E. Weisz Living Trust v. D.A. Davidson Trust Company,...
Affirmation of Lesser Included Offense in Sexual Assault Cases: STATE OF MONTANA v. Kevin Anthony Briggs

Affirmation of Lesser Included Offense in Sexual Assault Cases: STATE OF MONTANA v. Kevin Anthony Briggs

Date: Oct 24, 2018
Affirmation of Lesser Included Offense in Sexual Assault Cases STATE OF MONTANA, Plaintiff and Appellee, v. KEVIN ANTHONY BRIGGS, Defendant and Appellant. (2018 MT 261) Introduction The case of State...
Montana Supreme Court Clarifies Application of Plain Error Doctrine in Right of Presence Violations

Montana Supreme Court Clarifies Application of Plain Error Doctrine in Right of Presence Violations

Date: Sep 19, 2018
Montana Supreme Court Clarifies Application of Plain Error Doctrine in Right of Presence Violations Introduction In the case of State of Montana v. Adam Hatfield (392 Mont. 509), the Supreme Court of...
Harmless Error and Brady Violations: Insights from State v. Ilk

Harmless Error and Brady Violations: Insights from State v. Ilk

Date: Aug 1, 2018
Harmless Error and Brady Violations: Insights from State of Montana v. Michael Gilbert Ilk Introduction State of Montana v. Michael Gilbert Ilk is a pivotal case adjudicated by the Supreme Court of...
Strict Procedural Adherence Affirmed in Bugli v. Ravalli County: Implications for County Road Abandonment and Claim Preclusion

Strict Procedural Adherence Affirmed in Bugli v. Ravalli County: Implications for County Road Abandonment and Claim Preclusion

Date: Jul 18, 2018
Strict Procedural Adherence Affirmed in Bugli v. Ravalli County: Implications for County Road Abandonment and Claim Preclusion Introduction In the case of Bugli v. Ravalli County, the Supreme Court...
Affirmation of Transaction Rule Application for Gang Affiliation Evidence and Mistrial Standards: An Analysis of State v. Michelotti

Affirmation of Transaction Rule Application for Gang Affiliation Evidence and Mistrial Standards: An Analysis of State v. Michelotti

Date: Jun 27, 2018
Affirmation of Transaction Rule Application for Gang Affiliation Evidence and Mistrial Standards: An Analysis of State v. Michelotti Introduction In State of Montana v. Christopher James Michelotti,...
Miranda Protections in Prolonged Investigatory Stops: A New Precedent in Montana Jurisprudence

Miranda Protections in Prolonged Investigatory Stops: A New Precedent in Montana Jurisprudence

Date: Jun 13, 2018
Miranda Protections in Prolonged Investigatory Stops: A New Precedent in Montana Jurisprudence Introduction In City of Missoula v. Marcy Jane Kroschel (419 P.3d 1208), the Supreme Court of Montana...
Brady Compliance and Admissibility of Prior Bad Acts: Analysis of State v. Reinert

Brady Compliance and Admissibility of Prior Bad Acts: Analysis of State v. Reinert

Date: May 9, 2018
Brady Compliance and Admissibility of Prior Bad Acts: Analysis of State v. Reinert Introduction State of Montana v. Richard Douglas Reinert, 391 Mont. 263 (2018), is a pivotal case adjudicated by the...
Montana Supreme Court Reexamines Agricultural Easement Scope to Encompass Residential Use

Montana Supreme Court Reexamines Agricultural Easement Scope to Encompass Residential Use

Date: Apr 4, 2018
Montana Supreme Court Reexamines Agricultural Easement Scope to Encompass Residential Use Introduction In the landmark case Quarter Circle JP Ranch, LLC; Wally Papez and Aretta Papez v. Barbara Jerde...
Marshall v. Safeco: Affirming UTPA Claims’ Justiciability in Insurer Settlement Practices

Marshall v. Safeco: Affirming UTPA Claims’ Justiciability in Insurer Settlement Practices

Date: Mar 14, 2018
Marshall v. Safeco: Affirming UTPA Claims’ Justiciability in Insurer Settlement Practices Introduction Marcia Marshall (hereinafter "Marshall") appealed a decision from the Sixth Judicial District,...
Admissibility of Prior Wage Garnishment Evidence and Restitution Standards in Workers' Compensation Fraud: Insights from STATE of Montana v. Matthew Ryan Ailer

Admissibility of Prior Wage Garnishment Evidence and Restitution Standards in Workers' Compensation Fraud: Insights from STATE of Montana v. Matthew Ryan Ailer

Date: Feb 7, 2018
Admissibility of Prior Wage Garnishment Evidence and Restitution Standards in Workers' Compensation Fraud: Insights from STATE of Montana v. Matthew Ryan Ailer Introduction STATE of Montana v....
Appurtenant Water Rights Allocation in Quigley v. Beck: Establishing Precedents for Water Decree Interpretation

Appurtenant Water Rights Allocation in Quigley v. Beck: Establishing Precedents for Water Decree Interpretation

Date: Nov 15, 2017
Appurtenant Water Rights Allocation in Quigley v. Beck: Establishing Precedents for Water Decree Interpretation Introduction The Supreme Court of Montana's decision in Quigley v. Beck (389 Mont. 283,...
Insufficient Information Provided for Comprehensive Legal Commentary

Insufficient Information Provided for Comprehensive Legal Commentary

Date: Nov 1, 2017
Insufficient Information Provided for Comprehensive Legal Commentary Introduction The task of providing an in-depth and structured commentary on the judicial decision of State of Montana v. Adam...
Affirming Presumed Validity and Continuity of Historical Water Rights Claims: Danreuther Ranches v. Farmers Cooperative Canal Company

Affirming Presumed Validity and Continuity of Historical Water Rights Claims: Danreuther Ranches v. Farmers Cooperative Canal Company

Date: Oct 4, 2017
Affirming Presumed Validity and Continuity of Historical Water Rights Claims: Danreuther Ranches v. Farmers Cooperative Canal Company Introduction The case of Danreuther Ranches, Claimant v. Farmers...
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