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  • Commentaries
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Montana Case Commentaries

Montana Supreme Court Expands Standing and Applies Equitable Tolling for Right-to-Know and Participation Claims

Montana Supreme Court Expands Standing and Applies Equitable Tolling for Right-to-Know and Participation Claims

Date: Jan 10, 2014
Montana Supreme Court Expands Standing and Applies Equitable Tolling for Right-to-Know and Participation Claims Introduction In the landmark case of Brian F. Schoof v. Jack Nesbit et al. (316 P.3d...
Balancing the Right to Confrontation and Court Discretion: Analysis of State v. Garding

Balancing the Right to Confrontation and Court Discretion: Analysis of State v. Garding

Date: Jan 8, 2014
Balancing the Right to Confrontation and Court Discretion: Analysis of State of Montana v. Katie Irene Garding Introduction The case of State of Montana v. Katie Irene Garding revolves around the...
Affirmation of Confrontation Rights and Evidentiary Limits in State of Montana v. Garding

Affirmation of Confrontation Rights and Evidentiary Limits in State of Montana v. Garding

Date: Nov 27, 2013
Affirmation of Confrontation Rights and Evidentiary Limits in State of Montana v. Garding Introduction State of Montana v. Katie Irene Garding, 2013 MT 355, is a pivotal case adjudicated by the...
Montana Supreme Court Establishes MERS is Not a Beneficiary under the Small Tract Financing Act

Montana Supreme Court Establishes MERS is Not a Beneficiary under the Small Tract Financing Act

Date: Nov 26, 2013
Montana Supreme Court Establishes MERS is Not a Beneficiary under the Small Tract Financing Act Introduction The case of Troy A. Pilgeram and Teresa A. Pilgeram v. GreenPoint Mortgage Funding, Inc....
Unjust Enrichment and Implied Contract: Comprehensive Analysis of Owen v. Skramovsky, Montana Supreme Court

Unjust Enrichment and Implied Contract: Comprehensive Analysis of Owen v. Skramovsky, Montana Supreme Court

Date: Nov 20, 2013
Unjust Enrichment and Implied Contract: Comprehensive Analysis of Owen v. Skramovsky, Montana Supreme Court Introduction The Supreme Court of Montana, in the case of Robert Owen v. Don Skramovsky...
Montana Supreme Court Establishes Broad Chain-of-Title Approach for Easements

Montana Supreme Court Establishes Broad Chain-of-Title Approach for Easements

Date: Nov 13, 2013
Montana Supreme Court Establishes Broad Chain-of-Title Approach for Easements Introduction The case of James Earl and Rachel E. Earl v. Pavex, Corp. (372 Mont. 476) adjudicated by the Montana Supreme...
Defining the Scope of Plain Error Review in Montana: A Comprehensive Analysis of State v. Aker (371 Mont. 491)

Defining the Scope of Plain Error Review in Montana: A Comprehensive Analysis of State v. Aker (371 Mont. 491)

Date: Sep 5, 2013
Defining the Scope of Plain Error Review in Montana: A Comprehensive Analysis of State v. Aker (371 Mont. 491) Introduction The case of State of Montana v. Jimmie Lee Aker (371 Mont. 491) presents a...
Affirming the Community Caretaker Doctrine in DUI Investigations: State of Montana v. Marcial (2013)

Affirming the Community Caretaker Doctrine in DUI Investigations: State of Montana v. Marcial (2013)

Date: Aug 28, 2013
Affirming the Community Caretaker Doctrine in DUI Investigations: State of Montana v. Marcial (2013) Introduction The case of State of Montana v. Marco Antonio Marcial, decided by the Supreme Court...
Consecutive Sentencing of Adult and Juvenile Dispositions: Insights from STATE of Montana v. Kristopher Ronald Adams

Consecutive Sentencing of Adult and Juvenile Dispositions: Insights from STATE of Montana v. Kristopher Ronald Adams

Date: Jul 16, 2013
Consecutive Sentencing of Adult and Juvenile Dispositions: Insights from STATE of Montana v. Kristopher Ronald Adams Introduction In the landmark case of STATE of Montana v. Kristopher Ronald Adams...
Montana Supreme Court Establishes Negligent Credentialing as a Valid Cause of Action in Brookins v. Mote

Montana Supreme Court Establishes Negligent Credentialing as a Valid Cause of Action in Brookins v. Mote

Date: Jan 16, 2013
Montana Supreme Court Establishes Negligent Credentialing as a Valid Cause of Action in Brookins v. Mote Introduction In the landmark case of Ann M. Brookins v. Frederick Mote, M.D. and Mineral...
Restoration Costs as a Measure of Damages in Property Contamination: Da v. McEwen

Restoration Costs as a Measure of Damages in Property Contamination: Da v. McEwen

Date: Jan 1, 2013
Restoration Costs as a Measure of Damages in Property Contamination: Da v. McEwen Introduction In Da v. d L. McEwen and Lenora D. McEwen, the Supreme Court of Montana addressed pivotal issues...
Montana Supreme Court Establishes Enhanced Criteria for Class Certification in Shoreline Erosion Litigation

Montana Supreme Court Establishes Enhanced Criteria for Class Certification in Shoreline Erosion Litigation

Date: Dec 28, 2012
Montana Supreme Court Establishes Enhanced Criteria for Class Certification in Shoreline Erosion Litigation Introduction In the case of Rebecca E. Mattson, et al. v. Montana Power Company, et al.,...
Claim Preclusion Bars Relitigation of Bad-Faith Insurance Claims: Brilz v. Metropolitan General Insurance Company

Claim Preclusion Bars Relitigation of Bad-Faith Insurance Claims: Brilz v. Metropolitan General Insurance Company

Date: Aug 22, 2012
Claim Preclusion Bars Relitigation of Bad-Faith Insurance Claims: Brilz v. Metropolitan General Insurance Company Introduction In Candice Brilz v. Metropolitan General Insurance Company (285 P.3d...
Equitable Distribution in Marital Dissolution: Insights from In re the Marriage of Dawn Elizabeth Lewton v. John Edward Lewton

Equitable Distribution in Marital Dissolution: Insights from In re the Marriage of Dawn Elizabeth Lewton v. John Edward Lewton

Date: Jul 25, 2012
Equitable Distribution in Marital Dissolution: Insights from In re the Marriage of Dawn Elizabeth Lewton v. John Edward Lewton Introduction The case of Dawn Elizabeth Lewton versus John Edward Lewton...
Montana Supreme Court Establishes TIC Investments as Securities: Redding v. Montana Judicial District

Montana Supreme Court Establishes TIC Investments as Securities: Redding v. Montana Judicial District

Date: Jul 7, 2012
TIC Investments Recognized as Securities: Comprehensive Analysis of Redding v. Montana First Judicial District Court Introduction The landmark case of Billie L. Redding v. Montana First Judicial...
TICs Recognized as Securities Under the Montana Securities Act: Redding v. Montana First Judicial District Court

TICs Recognized as Securities Under the Montana Securities Act: Redding v. Montana First Judicial District Court

Date: Jul 6, 2012
TICs Recognized as Securities Under the Montana Securities Act: Redding v. Montana First Judicial District Court Introduction In the landmark case of Billie L. Redding v. Montana First Judicial...
Proper Service of Process Under M.R. Civ. P. 4D: Establishing the Void Nature of Default Judgments

Proper Service of Process Under M.R. Civ. P. 4D: Establishing the Void Nature of Default Judgments

Date: Jun 27, 2012
Proper Service of Process Under M.R. Civ. P. 4D: Establishing the Void Nature of Default Judgments Introduction The case of Mountain West Bank, N.A. v. Glacier Kitchens, Inc., CR Weaver Trust, and...
Res Judicata in Property Encroachment Cases: Insights from Olsen v. Milner

Res Judicata in Property Encroachment Cases: Insights from Olsen v. Milner

Date: Apr 24, 2012
Res Judicata in Property Encroachment Cases: Insights from Olsen v. Milner Introduction The case of Gary Olsen v. Neil Milner and Seth Milner (364 Mont. 523), adjudicated by the Supreme Court of...
Affirmation of Due Process Rights in Brady Violations: STATE v. Ellison

Affirmation of Due Process Rights in Brady Violations: STATE v. Ellison

Date: Mar 7, 2012
Affirmation of Due Process Rights in Brady Violations: STATE v. Ellison Introduction In STATE of Montana v. Lionel Scott Ellison, the Supreme Court of Montana addressed critical issues surrounding...
Montana Supreme Court Establishes 'Reasonably Abatable' Standard for Continuing Tort Doctrine in Property Contamination Claims

Montana Supreme Court Establishes 'Reasonably Abatable' Standard for Continuing Tort Doctrine in Property Contamination Claims

Date: Feb 8, 2012
Montana Supreme Court Establishes 'Reasonably Abatable' Standard for Continuing Tort Doctrine in Property Contamination Claims Introduction In the landmark case of Dave Burley and Jeannie Burley, et...
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