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  • Commentaries
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Montana Case Commentaries

Montana Supreme Court Clarifies Easement Limitations: Prohibiting Unreasonable Damage and Interference in Landowner Properties

Montana Supreme Court Clarifies Easement Limitations: Prohibiting Unreasonable Damage and Interference in Landowner Properties

Date: Aug 26, 2009
Montana Supreme Court Clarifies Easement Limitations: Prohibiting Unreasonable Damage and Interference in Landowner Properties Introduction The case of Rebecca E. Mattson et al. v. Montana Power...
Homestead Exemption Suffices to Exclude Property as an 'Asset' Under UFTA Without Formal Declaration

Homestead Exemption Suffices to Exclude Property as an 'Asset' Under UFTA Without Formal Declaration

Date: Aug 26, 2009
Homestead Exemption Suffices to Exclude Property as an 'Asset' Under UFTA Without Formal Declaration Introduction In the landmark case McCONE COUNTY FEDERAL CREDIT UNION v. TEX J. GRIBBLE AND FRED...
UNITED NATIONAL INSURANCE v. ST. PAUL FIRE MARINE: Establishing the Primacy of Additional Insured Endorsements in Non-Delegable Duty Liabilities

UNITED NATIONAL INSURANCE v. ST. PAUL FIRE MARINE: Establishing the Primacy of Additional Insured Endorsements in Non-Delegable Duty Liabilities

Date: Aug 15, 2009
UNITED NATIONAL INSURANCE v. ST. PAUL FIRE MARINE: Establishing the Primacy of Additional Insured Endorsements in Non-Delegable Duty Liabilities Introduction In UNITED NATIONAL INSURANCE COMPANY v....
Miranda Rights and Prosecutorial Misuse: Montana Supreme Court Establishes Precedent in State v. Wagner

Miranda Rights and Prosecutorial Misuse: Montana Supreme Court Establishes Precedent in State v. Wagner

Date: Aug 5, 2009
Miranda Rights and Prosecutorial Misuse: Montana Supreme Court Establishes Precedent in State v. Wagner Introduction The Supreme Court of Montana, in the landmark case of State of Montana v....
Robert Jacobsen v. Allstate Insurance Company: Reaffirming the American Rule in Third-Party Bad Faith Claims

Robert Jacobsen v. Allstate Insurance Company: Reaffirming the American Rule in Third-Party Bad Faith Claims

Date: Jul 24, 2009
Robert Jacobsen v. Allstate Insurance Company: Reaffirming the American Rule in Third-Party Bad Faith Claims Introduction In the case of Robert Jacobsen v. Allstate Insurance Company, the Supreme...
Montana Supreme Court Establishes Per Se Rule: Minors Under Sixteen Cannot Consent to Warrantless Searches of Parental Residences

Montana Supreme Court Establishes Per Se Rule: Minors Under Sixteen Cannot Consent to Warrantless Searches of Parental Residences

Date: Jun 6, 2009
Montana Supreme Court Establishes Per Se Rule: Minors Under Sixteen Cannot Consent to Warrantless Searches of Parental Residences Introduction In the landmark case State of Montana v. William Bruce...
Reaffirming the Standards for Vehicle Stops: Insights from State v. Wilkins

Reaffirming the Standards for Vehicle Stops: Insights from State v. Wilkins

Date: Apr 1, 2009
Reaffirming the Standards for Vehicle Stops: Insights from State v. Wilkins Introduction State of Montana v. Tammy Wilkins (350 Mont. 96) is a pivotal case decided by the Supreme Court of Montana on...
Exigent Circumstances and Warrantless Home Entry: Insights from State v. Saale

Exigent Circumstances and Warrantless Home Entry: Insights from State v. Saale

Date: Apr 1, 2009
Exigent Circumstances and Warrantless Home Entry: Insights from State v. Saale Introduction State of Montana v. Deanne M. Saale is a landmark decision by the Supreme Court of Montana that addresses...
Ratification of Forged Deeds: Montana Supreme Court's Decision in Erler v. Creative Finance Investments

Ratification of Forged Deeds: Montana Supreme Court's Decision in Erler v. Creative Finance Investments

Date: Feb 19, 2009
Ratification of Forged Deeds: Montana Supreme Court's Decision in Erler v. Creative Finance Investments Introduction The case of Scott D. Erler, D.D.S. Profit Sharing Plan v. Creative Finance...
Gravamen Over Label: Statute of Limitations Determination in Tin Cup County Water v. Garden City

Gravamen Over Label: Statute of Limitations Determination in Tin Cup County Water v. Garden City

Date: Dec 17, 2008
Gravamen Over Label: Statute of Limitations Determination in Tin Cup County Water v. Garden City Introduction The case of Tin Cup County Water and/or Sewer District v. Garden City Plumbing Heating,...
Reformation of Warranty Deed via Mutual Mistake: Thibodeau and Gillies v. Bechtolds

Reformation of Warranty Deed via Mutual Mistake: Thibodeau and Gillies v. Bechtolds

Date: Dec 10, 2008
Reformation of Warranty Deed via Mutual Mistake: Thibodeau and Gillies v. Bechtolds Introduction The case of Thibodeau and Gillies v. Bechtolds addresses critical issues surrounding the reformation...
Montana v. Cotterell: Upholding Evidence from Aerial Surveillance and Public Communication Channels

Montana v. Cotterell: Upholding Evidence from Aerial Surveillance and Public Communication Channels

Date: Dec 10, 2008
Montana v. Cotterell: Upholding Evidence from Aerial Surveillance and Public Communication Channels Introduction State of Montana v. Sam Cotterell is a pivotal case adjudicated by the Supreme Court...
Montana Supreme Court Upholds Contributory Negligence in Nondelegable Duty Context: Olson v. Shumaker Trucking

Montana Supreme Court Upholds Contributory Negligence in Nondelegable Duty Context: Olson v. Shumaker Trucking

Date: Nov 19, 2008
Montana Supreme Court Upholds Contributory Negligence in Nondelegable Duty Context: Olson v. Shumaker Trucking Introduction In the landmark case of Cody J. Olson v. Shumaker Trucking and Excavating...
Limits on Prosecutorial Commentary and Application of Rape Shield Law in State v. Lindberg

Limits on Prosecutorial Commentary and Application of Rape Shield Law in State v. Lindberg

Date: Nov 19, 2008
Limits on Prosecutorial Commentary and Application of Rape Shield Law in State v. Lindberg Introduction State of Montana v. Lawrence Rolan Lindberg is a landmark case adjudicated by the Supreme Court...
Interlocutory Orders and Appealability: Insights from Farmers Union Mutual Insurance Co. v. Bodell

Interlocutory Orders and Appealability: Insights from Farmers Union Mutual Insurance Co. v. Bodell

Date: Oct 30, 2008
Interlocutory Orders and Their Appealability: An Analysis of Farmers Union Mutual Insurance Co. v. Bodell Introduction The case of Farmers Union Mutual Insurance Company v. Brian L. Bodell,...
Due Process and Unnecessary Delay in Probation Revocation: Insights from West v. Montana

Due Process and Unnecessary Delay in Probation Revocation: Insights from West v. Montana

Date: Oct 10, 2008
Due Process and Unnecessary Delay in Probation Revocation: Insights from West v. Montana Introduction In the landmark case of STATE OF MONTANA v. Dennis Eugene West, the Supreme Court of Montana...
Montana Supreme Court Rules on Contract Ambiguity in Aircraft Sale Dispute

Montana Supreme Court Rules on Contract Ambiguity in Aircraft Sale Dispute

Date: Aug 13, 2008
Montana Supreme Court Rules on Contract Ambiguity in Aircraft Sale Dispute Introduction The dispute between Corporate Air and Edwards Jet Center, Inc. reached the Supreme Court of Montana after a...
State v. Hayden: Upholding Jury Integrity Against Prosecutorial Misconduct

State v. Hayden: Upholding Jury Integrity Against Prosecutorial Misconduct

Date: Aug 6, 2008
State v. Hayden: Upholding Jury Integrity Against Prosecutorial Misconduct Introduction The case of State of Montana v. Clyde William Hayden, Sr. (345 Mont. 252) dealt with significant issues...
Montana Supreme Court Clarifies Admissibility of Prior Dealings in Insurance Contract and UTPA Claims: Lorang v. Fortis

Montana Supreme Court Clarifies Admissibility of Prior Dealings in Insurance Contract and UTPA Claims: Lorang v. Fortis

Date: Jul 18, 2008
Montana Supreme Court Clarifies Admissibility of Prior Dealings in Insurance Contract and UTPA Claims: Lorang v. Fortis Introduction The case of John and Bonnie Lorang v. Fortis Insurance Company,...
Montana Supreme Court Revises Understanding of Statutory Time Bars in Post-Conviction Relief – Davis v. Montana

Montana Supreme Court Revises Understanding of Statutory Time Bars in Post-Conviction Relief – Davis v. Montana

Date: Jun 25, 2008
Montana Supreme Court Revises Understanding of Statutory Time Bars in Post-Conviction Relief – Davis v. Montana Introduction The case of George H. Davis v. State of Montana (344 Mont. 300),...
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