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  • Commentaries
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Montana Case Commentaries

Recalculating Net Worth in Marital Dissolutions: In re the Marriage of Dianna M. Richards and Mark L. Richards

Recalculating Net Worth in Marital Dissolutions: In re the Marriage of Dianna M. Richards and Mark L. Richards

Date: Aug 6, 2014
Recalculating Net Worth in Marital Dissolutions: In re the Marriage of Dianna M. Richards and Mark L. Richards Introduction The Supreme Court of Montana, in the case titled In re the Marriage of...
Montana Supreme Court Establishes Protections Against Self-Incrimination in Treatment Courts

Montana Supreme Court Establishes Protections Against Self-Incrimination in Treatment Courts

Date: Jul 16, 2014
Montana Supreme Court Establishes Protections Against Self-Incrimination in Treatment Courts Introduction In STATE of Montana v. Karlyle Steven Lee Plouffe, 329 P.3d 1255 (Mont. 2014), the Montana...
Historic Flume Capacity and Water Rights Abandonment: Montana Supreme Court Sets Precedent in Skelton Ranch v. Pondera County

Historic Flume Capacity and Water Rights Abandonment: Montana Supreme Court Sets Precedent in Skelton Ranch v. Pondera County

Date: Jun 28, 2014
Historic Flume Capacity and Water Rights Abandonment: Montana Supreme Court Sets Precedent in Skelton Ranch v. Pondera County Introduction The case of Skelton Ranch, Inc., Claimant and Appellant, v....
Clarifying the Role of Exculpatory Evidence in Ineffective Assistance Claims: Ke v. Taylor

Clarifying the Role of Exculpatory Evidence in Ineffective Assistance Claims: Ke v. Taylor

Date: Jun 4, 2014
Clarifying the Role of Exculpatory Evidence in Ineffective Assistance Claims: Ke v. Taylor Introduction In the landmark case of Kevin Mark Taylor v. State of Montana, decided on June 3, 2014, the...
Nelson v. Brooks: Establishing the Boundaries of Prima Facie Proof in Montana Water Rights Disputes

Nelson v. Brooks: Establishing the Boundaries of Prima Facie Proof in Montana Water Rights Disputes

Date: May 8, 2014
Nelson v. Brooks: Establishing the Boundaries of Prima Facie Proof in Montana Water Rights Disputes Introduction The case of Ernest E. Nelson v. Randall Brooks and Ila Mae Brooks, decided by the...
Comprehensive Findings Essential for Equitable Distribution in Marital Dissolution: In re the Marriage of Dennis Crowley

Comprehensive Findings Essential for Equitable Distribution in Marital Dissolution: In re the Marriage of Dennis Crowley

Date: Feb 19, 2014
Comprehensive Findings Essential for Equitable Distribution in Marital Dissolution: In re the Marriage of Dennis Crowley Introduction In the landmark case In re the Marriage of Dennis Crowley,...
Impact of Juror Bias on Jury Impartiality: Montana Supreme Court Upholds Denial to Excuse Juror for Cause in State v. Johnson

Impact of Juror Bias on Jury Impartiality: Montana Supreme Court Upholds Denial to Excuse Juror for Cause in State v. Johnson

Date: Jan 22, 2014
Impact of Juror Bias on Jury Impartiality: Montana Supreme Court Upholds Denial to Excuse Juror for Cause in State v. Johnson Introduction State of Montana v. Jeremiah Allen Johnson (317 P.3d 164) is...
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...
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