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Montana Case Commentaries

Enforcement of Non-Compete Covenants in Employment Agreements: Insights from Junkermier v. Alborn et al.

Enforcement of Non-Compete Covenants in Employment Agreements: Insights from Junkermier v. Alborn et al.

Date: Sep 7, 2016
Enforcement of Non-Compete Covenants in Employment Agreements: Insights from Junkermier v. Alborn et al. Introduction The Supreme Court of the State of Montana rendered its decision on September 6,...
Legal Accountability in Incest Cases: Analysis of STATE v. Joshua James Kline

Legal Accountability in Incest Cases: Analysis of STATE v. Joshua James Kline

Date: Jul 27, 2016
Legal Accountability in Incest Cases: Analysis of STATE of Montana v. Joshua James Kline Introduction In the landmark case of STATE of Montana v. Joshua James Kline (384 Mont. 157), the Supreme Court...
Affirmation of the Prior Appropriation Doctrine in Water Rights Disputes

Affirmation of the Prior Appropriation Doctrine in Water Rights Disputes

Date: Jul 27, 2016
Affirmation of the Prior Appropriation Doctrine in Water Rights Disputes Introduction The case of Ste v. Kelly, Monte Giese, Henry Nagamori and Kalanick Ranch, Inc. versus Teton Prairie LLC addresses...
Montana Supreme Court Clarifies Beneficial Use Requirements for Carey Land Act Water Rights in Pondera vs. Curry

Montana Supreme Court Clarifies Beneficial Use Requirements for Carey Land Act Water Rights in Pondera vs. Curry

Date: Mar 30, 2016
Montana Supreme Court Clarifies Beneficial Use Requirements for Carey Land Act Water Rights in Pondera vs. Curry Introduction The case of Gene R. Curry, Cheryl S. Curry, and Curry Cattle Co. v....
Establishing Particularized Suspicion: Montana Supreme Court Upholds Investigatory Stop in State v. Ballinger

Establishing Particularized Suspicion: Montana Supreme Court Upholds Investigatory Stop in State v. Ballinger

Date: Feb 10, 2016
Establishing Particularized Suspicion: Montana Supreme Court Upholds Investigatory Stop in State v. Ballinger Introduction In State of Montana v. Dean Jason Ballinger (382 Mont. 193, 2016), the...
State v. Favel: Upholding Due Process in DUI Proceedings

State v. Favel: Upholding Due Process in DUI Proceedings

Date: Dec 3, 2015
State v. Favel: Upholding Due Process in DUI Proceedings Introduction In State of Montana v. Jackie Lee Favel, 381 Mont. 472 (2015), the Supreme Court of Montana addressed significant issues...
Equitable Apportionment of Marital Estates Based on Individual Financial and Health Factors: Insights from In re Kostelnik

Equitable Apportionment of Marital Estates Based on Individual Financial and Health Factors: Insights from In re Kostelnik

Date: Sep 30, 2015
Equitable Apportionment of Marital Estates Based on Individual Financial and Health Factors: Insights from In re the Marriage of Jackie J. Kostelnik and Daniel J. Kostelnik Introduction The...
Montana Supreme Court Defines 'Reasonably Abatable' in Continuing Tort Doctrine for Environmental Nuisance Cases

Montana Supreme Court Defines 'Reasonably Abatable' in Continuing Tort Doctrine for Environmental Nuisance Cases

Date: Sep 2, 2015
Montana Supreme Court Defines 'Reasonably Abatable' in Continuing Tort Doctrine for Environmental Nuisance Cases Introduction In the landmark case Gregory A. Christian et al. v. Atlantic Richfield...
Reversing Default Entries in Montana Probate Proceedings: Establishing Flexibility for Meritorious Defenses

Reversing Default Entries in Montana Probate Proceedings: Establishing Flexibility for Meritorious Defenses

Date: Aug 19, 2015
Reversing Default Entries in Montana Probate Proceedings: Establishing Flexibility for Meritorious Defenses Introduction The Supreme Court of Montana's decision in In the Matter of the Estate of...
Montana Supreme Court Upholds 24/7 Sobriety Program for Repeat DUI Offenders: A Comprehensive Analysis

Montana Supreme Court Upholds 24/7 Sobriety Program for Repeat DUI Offenders: A Comprehensive Analysis

Date: Jul 31, 2015
Montana Supreme Court Upholds 24/7 Sobriety Program for Repeat DUI Offenders: A Comprehensive Analysis Introduction The case of STATE of Montana v. Robert E. Spady (380 Mont. 179) addresses the...
Montana Supreme Court Establishes State Jurisdiction Over Felonies Without Grand Jury Indictment

Montana Supreme Court Establishes State Jurisdiction Over Felonies Without Grand Jury Indictment

Date: Jun 3, 2015
Montana Supreme Court Establishes State Jurisdiction Over Felonies Without Grand Jury Indictment Introduction In the landmark case State of Montana v. Matthew Montgomery (379 Mont. 353, 2015), the...
Reaffirmation of Lane Departure Violations: Mitchell v. State of Montana

Reaffirmation of Lane Departure Violations: Mitchell v. State of Montana

Date: May 6, 2015
Reaffirmation of Lane Departure Violations: Mitchell v. State of Montana Introduction In the case of Kelly Mitchell v. State of Montana, the Supreme Court of Montana addressed a critical issue...
Timeliness Requirement for Judicial Recusal: Establishing a Precedent in Montana

Timeliness Requirement for Judicial Recusal: Establishing a Precedent in Montana

Date: Apr 22, 2015
Timeliness Requirement for Judicial Recusal: Establishing a Precedent in Montana Introduction The case of STATE of Montana v. Michael Patrick Dunsmore serves as a pivotal judicial decision in...
Express Easements Governed Strictly by Grant Terms: Insights from Walter & Woods III v. Shannon

Express Easements Governed Strictly by Grant Terms: Insights from Walter & Woods III v. Shannon

Date: Mar 11, 2015
Express Easements Governed Strictly by Grant Terms: Insights from Walter & Woods III v. Shannon Introduction Walter Woods III and Nereida Woods, the appellants, brought forth a legal challenge...
Montana Supreme Court Clarifies Jury Transcript Provision and Effective Counsel Standards

Montana Supreme Court Clarifies Jury Transcript Provision and Effective Counsel Standards

Date: Jan 7, 2015
Montana Supreme Court Clarifies Jury Transcript Provision and Effective Counsel Standards Introduction In State of Montana v. Christopher Donald Greene, the Supreme Court of Montana addressed...
Helena v. Svee: Reinforcing State Supremacy in Building Code Regulations and Expanding Access to Attorney Fees under UDJA

Helena v. Svee: Reinforcing State Supremacy in Building Code Regulations and Expanding Access to Attorney Fees under UDJA

Date: Nov 26, 2014
Helena v. Svee: Reinforcing State Supremacy in Building Code Regulations and Expanding Access to Attorney Fees under UDJA Introduction The Supreme Court of Montana addressed a pivotal case involving...
Affirmation of Established Legal Principles in Estate Management for Incapacitated Persons

Affirmation of Established Legal Principles in Estate Management for Incapacitated Persons

Date: Nov 6, 2014
Affirmation of Established Legal Principles in Estate Management for Incapacitated Persons Introduction The case of In the Matter of the Estate of L.D.L., An Incapacitated Person (2014 MT 291)...
Reaffirming Burden of Proof and Prima Facie Claims in Montana Water Rights: Marks v. 71 Ranch, LP

Reaffirming Burden of Proof and Prima Facie Claims in Montana Water Rights: Marks v. 71 Ranch, LP

Date: Sep 17, 2014
Reaffirming Burden of Proof and Prima Facie Claims in Montana Water Rights: Marks v. 71 Ranch, LP Introduction Donald C. Marks v. 71 Ranch, LP (334 P.3d 373), adjudicated by the Supreme Court of...
Reaffirmation of the Mendenhall Standard in Determining Unlawful Seizures

Reaffirmation of the Mendenhall Standard in Determining Unlawful Seizures

Date: Sep 3, 2014
Reaffirmation of the Mendenhall Standard in Determining Unlawful Seizures Introduction In the case of State of Montana v. Chelsea Lynn Strom (333 P.3d 218, 2014), the Montana Supreme Court addressed...
Montana Supreme Court Reinforces Right to 'Mere Presence' Instruction in Accountability Cases: State v. Chafee

Montana Supreme Court Reinforces Right to 'Mere Presence' Instruction in Accountability Cases: State v. Chafee

Date: Aug 20, 2014
Montana Supreme Court Reinforces Right to 'Mere Presence' Instruction in Accountability Cases: State v. Chafee Introduction The case of State of Montana v. Chelsea Mae Chafee, decided by the Supreme...
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