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Montana Case Commentaries

Clarifying the Treatment of Inherited Property in Marital Dissolution: In re the Marriage of Bernita Funk and Kevin Funk

Clarifying the Treatment of Inherited Property in Marital Dissolution: In re the Marriage of Bernita Funk and Kevin Funk

Date: Feb 1, 2012
Clarifying the Treatment of Inherited Property in Marital Dissolution: In re the Marriage of Bernita Funk and Kevin Funk Introduction The case In re the Marriage of Bernita Funk and Kevin Funk (363...
Equitable Distribution of Marital Assets in Dissolution: A Comprehensive Commentary on In re the Marriage of Philip J. Tummarello and Valerie Tummarello

Equitable Distribution of Marital Assets in Dissolution: A Comprehensive Commentary on In re the Marriage of Philip J. Tummarello and Valerie Tummarello

Date: Feb 1, 2012
Equitable Distribution of Marital Assets in Dissolution Introduction In re the Marriage of Philip J. Tummarello and Valerie Tummarello is a pivotal case adjudicated by the Supreme Court of Montana on...
Montana Supreme Court Expands Restoration Damages in Property Injury Cases: Rohnn LAMPI v. Allen SPEED

Montana Supreme Court Expands Restoration Damages in Property Injury Cases: Rohnn LAMPI v. Allen SPEED

Date: Sep 15, 2011
Montana Supreme Court Expands Restoration Damages in Property Injury Cases: Rohnn LAMPI v. Allen SPEED Introduction In the landmark case of Rohnn LAMPI v. Allen SPEED, the Supreme Court of Montana...
Non-Applicability of Attorney Fees under UDJA Absent Equitable Considerations: Hughes v. Ahlgren

Non-Applicability of Attorney Fees under UDJA Absent Equitable Considerations: Hughes v. Ahlgren

Date: Aug 10, 2011
Non-Applicability of Attorney Fees under UDJA Absent Equitable Considerations: Hughes v. Ahlgren Introduction In the case of James Hughes and Rhea Hughes v. Dorothea A. Ahlgren and John E. and Connie...
Affirmation of Summary Judgment in Willson v. Addison: Implications for Medical Malpractice and Spoliation Claims

Affirmation of Summary Judgment in Willson v. Addison: Implications for Medical Malpractice and Spoliation Claims

Date: Jul 30, 2011
Affirmation of Summary Judgment in Willson v. Addison: Implications for Medical Malpractice and Spoliation Claims Introduction The case of THE ESTATE OF MADELEINE WILLSON and ROBERT WILLSON v. DR....
Res Judicata Reinforced: Montana Supreme Court Upholds Dismissal in Touris v. Flathead County

Res Judicata Reinforced: Montana Supreme Court Upholds Dismissal in Touris v. Flathead County

Date: Jul 13, 2011
Res Judicata Reinforced: Montana Supreme Court Upholds Dismissal in Touris v. Flathead County Introduction In the landmark case of Mike Touris and Chuck Sneed v. Flathead County et al., the Supreme...
Montana Supreme Court Expands Standing for Conservation Organizations in Water Rights Adjudications

Montana Supreme Court Expands Standing for Conservation Organizations in Water Rights Adjudications

Date: Jun 24, 2011
Montana Supreme Court Expands Standing for Conservation Organizations in Water Rights Adjudications Introduction The case of Montana Trout Unlimited (MTU) v. Beaverhead Water Company et al. (2011 MT...
Recognition of Agency in Construction Lien Enforcement: Dick Anderson Construction v. Monroe Property

Recognition of Agency in Construction Lien Enforcement: Dick Anderson Construction v. Monroe Property

Date: Jun 15, 2011
Recognition of Agency in Construction Lien Enforcement: Dick Anderson Construction v. Monroe Property Introduction The case of Dick Anderson Construction, Inc. v. Monroe Property Company, LLC (2011...
Substantial Compliance with Growth Policies Affirmed in Heffernan v. Missoula City Council

Substantial Compliance with Growth Policies Affirmed in Heffernan v. Missoula City Council

Date: May 4, 2011
Substantial Compliance with Growth Policies Affirmed in Heffernan v. Missoula City Council Introduction The case of Kathy Heffernan, Robin Carey, David Harmon, and North Duncan Drive Neighborhood...
Res Judicata in Regulatory Challenges: Montana Supreme Court Upholds Finality in Denturist Regulation Enforcement

Res Judicata in Regulatory Challenges: Montana Supreme Court Upholds Finality in Denturist Regulation Enforcement

Date: Mar 30, 2011
Res Judicata in Regulatory Challenges: Montana Supreme Court Upholds Finality in Denturist Regulation Enforcement Introduction The case of Lee Wiser and Charles Conlan v. Montana Board of Dentistry,...
Affirmation of Inevitable Discovery Doctrine in Traffic Stop Searches: State of Montana v. Thomas Gail Pearson

Affirmation of Inevitable Discovery Doctrine in Traffic Stop Searches: State of Montana v. Thomas Gail Pearson

Date: Mar 24, 2011
Affirmation of Inevitable Discovery Doctrine in Traffic Stop Searches: State of Montana v. Thomas Gail Pearson Introduction The case of State of Montana v. Thomas Gail Pearson (359 Mont. 427, 2011)...
Affirmation of Sentencing Guidelines in United States v. Gore

Affirmation of Sentencing Guidelines in United States v. Gore

Date: Nov 20, 2010
Affirmation of Sentencing Guidelines in United States v. Gore Introduction In United States v. Stephen Barrymore Gore, decided on November 19, 2010, the United States Court of Appeals for the...
State of Montana v. Sartain: Upholding Speedy Trial Rights and Limiting Ineffective Assistance Claims

State of Montana v. Sartain: Upholding Speedy Trial Rights and Limiting Ineffective Assistance Claims

Date: Oct 6, 2010
State of Montana v. Sartain: Upholding Speedy Trial Rights and Limiting Ineffective Assistance Claims Introduction In the landmark case of State of Montana v. Danny Sartain, the Supreme Court of...
Affirmation of Scenic Drive Easement in Clark v. Pennock et al.

Affirmation of Scenic Drive Easement in Clark v. Pennock et al.

Date: Sep 1, 2010
Affirmation of Scenic Drive Easement in Clark v. Pennock et al. Introduction The case of Clark and Smith v. Pennock et al. adjudicated by the Supreme Court of Montana in 2010 centers around a dispute...
Montana Supreme Court Clarifies Persistent Felony Offender Sentencing Standards

Montana Supreme Court Clarifies Persistent Felony Offender Sentencing Standards

Date: Jul 28, 2010
Montana Supreme Court Clarifies Persistent Felony Offender Sentencing Standards Introduction In the landmark case of State of Montana v. David W. Gunderson, the Supreme Court of Montana addressed...
Montana Supreme Court Upholds Statutory Time Served Credit in Consecutive Sentencing

Montana Supreme Court Upholds Statutory Time Served Credit in Consecutive Sentencing

Date: Apr 14, 2010
Montana Supreme Court Upholds Statutory Time Served Credit in Consecutive Sentencing Introduction The case of State of Montana v. Charles Lee Hornstein addresses the critical issue of crediting time...
Montana Supreme Court Clarifies Statutory Immunity for Shooting Ranges in Nuisance Claims

Montana Supreme Court Clarifies Statutory Immunity for Shooting Ranges in Nuisance Claims

Date: Mar 30, 2010
Montana Supreme Court Clarifies Statutory Immunity for Shooting Ranges in Nuisance Claims Introduction In the landmark case of Tally Bissell Neighbors, Inc. v. Eyrie Shotgun Ranch, LLC, decided on...
Supreme Court of Montana Upholds Probable Cause in Youth Trespass Case

Supreme Court of Montana Upholds Probable Cause in Youth Trespass Case

Date: Mar 3, 2010
Supreme Court of Montana Upholds Probable Cause in Youth Trespass Case Introduction In In the Matter of K.J., A Youth (355 Mont. 257, 2010), the Supreme Court of Montana addressed key issues...
Montana Supreme Court Clarifies Enforceability of Non-Competition Clauses in Medical Partnership Agreements

Montana Supreme Court Clarifies Enforceability of Non-Competition Clauses in Medical Partnership Agreements

Date: Dec 16, 2009
Montana Supreme Court Clarifies Enforceability of Non-Competition Clauses in Medical Partnership Agreements Introduction In the landmark case of Independent Doctors v. Great Falls Clinic, LLP, the...
Affirming Conviction on Sufficiency of Circumstantial Evidence and Due Process in the Use of DNA Evidence: State v. Jackson

Affirming Conviction on Sufficiency of Circumstantial Evidence and Due Process in the Use of DNA Evidence: State v. Jackson

Date: Dec 16, 2009
Affirming Conviction on Sufficiency of Circumstantial Evidence and Due Process in the Use of DNA Evidence: State v. Jackson Introduction State of Montana v. Laurence Dean Jackson, Jr., 354 Mont. 63...
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