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  • Commentaries
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Montana Case Commentaries

Exigent Circumstances in Animal Cruelty Cases: Montana Supreme Court Establishes Precedent for Warrantless Searches to Prevent Animal Suffering

Exigent Circumstances in Animal Cruelty Cases: Montana Supreme Court Establishes Precedent for Warrantless Searches to Prevent Animal Suffering

Date: Jun 16, 2004
Exigent Circumstances in Animal Cruelty Cases: Montana Supreme Court Establishes Precedent for Warrantless Searches to Prevent Animal Suffering Introduction State of Montana v. Clifford Lee Stone is...
Insurer’s Duty to Defend Based on Allegations in Complaint: FUMIC v. Staples

Insurer’s Duty to Defend Based on Allegations in Complaint: FUMIC v. Staples

Date: Apr 28, 2004
Insurer’s Duty to Defend Based on Allegations in Complaint: FUMIC v. Staples Introduction In the landmark case of Farmers Union Mutual Insurance Company v. Raymond Staples (321 Mont. 99, decided on...
Defense Verdicts in Underlying Suits Do Not Establish "Reasonable Basis" Defense in UTPA Claims: Montana Supreme Court Reverses District Court in Graf v. Continental

Defense Verdicts in Underlying Suits Do Not Establish "Reasonable Basis" Defense in UTPA Claims: Montana Supreme Court Reverses District Court in Graf v. Continental

Date: Apr 21, 2004
Defense Verdicts in Underlying Suits Do Not Establish "Reasonable Basis" Defense in UTPA Claims: Montana Supreme Court Reverses District Court in Graf v. Continental Introduction The case of KAREN...
Montana Supreme Court Clarifies Prescriptive Easement Requirements in Pouwel v. Duke et al.

Montana Supreme Court Clarifies Prescriptive Easement Requirements in Pouwel v. Duke et al.

Date: Apr 15, 2004
Montana Supreme Court Clarifies Prescriptive Easement Requirements in Pouwel v. Duke et al. Introduction The case of POUWEL and MIRIAM GELDERLOOS v. ROXANNE DUKE, et al., adjudicated by the Supreme...
Affirmation of Statutory Dedication and Res Judicata in County Road Establishment: Robert Lee v. Musselshell County

Affirmation of Statutory Dedication and Res Judicata in County Road Establishment: Robert Lee v. Musselshell County

Date: Mar 17, 2004
Affirmation of Statutory Dedication and Res Judicata in County Road Establishment: Robert Lee v. Musselshell County Introduction Robert Lee v. Musselshell County is a landmark case decided by the...
Montana Supreme Court Clarifies Settlement Agreement Releases and Maintenance Income Calculations in In re Marriage of Robert Mease

Montana Supreme Court Clarifies Settlement Agreement Releases and Maintenance Income Calculations in In re Marriage of Robert Mease

Date: Mar 12, 2004
Montana Supreme Court Clarifies Settlement Agreement Releases and Maintenance Income Calculations in In re Marriage of Robert Mease Introduction The In re the Marriage of Robert Mease and Brenda...
Redefining the Scope of "Home" in Misdemeanor Arrests: City of Whitefish v. Melissa Large

Redefining the Scope of "Home" in Misdemeanor Arrests: City of Whitefish v. Melissa Large

Date: Nov 26, 2003
Redefining the Scope of "Home" in Misdemeanor Arrests: City of Whitefish v. Melissa Large Introduction The case of City of Whitefish v. Melissa Large, decided by the Supreme Court of Montana on...
Consideration of Premarital Cohabitation in Marital Property Distribution: In Re the Marriage of Clark

Consideration of Premarital Cohabitation in Marital Property Distribution: In Re the Marriage of Clark

Date: Jun 20, 2003
Consideration of Premarital Cohabitation in Marital Property Distribution: In Re the Marriage of Clark Introduction The case of In Re the Marriage of Donald William Clark and Sharon Dale Clark,...
Montana Supreme Court Upholds DUI Arrest: Emphasizing Adequate Corroboration in Investigative Stops

Montana Supreme Court Upholds DUI Arrest: Emphasizing Adequate Corroboration in Investigative Stops

Date: Apr 30, 2003
Montana Supreme Court Upholds DUI Arrest: Emphasizing Adequate Corroboration in Investigative Stops Introduction The Supreme Court of Montana, in the landmark case State of Montana v. Judd Michael...
Montana Supreme Court Establishes Discretionary Award of Attorney Fees in Declaratory Judgment Actions Under § 27-8-313, MCA

Montana Supreme Court Establishes Discretionary Award of Attorney Fees in Declaratory Judgment Actions Under § 27-8-313, MCA

Date: Apr 25, 2003
Montana Supreme Court Establishes Discretionary Award of Attorney Fees in Declaratory Judgment Actions Under § 27-8-313, MCA Introduction In the landmark case of Trustees of Indiana University v....
Affirmation of Exigent Circumstances in Warrantless Home Searches: State of Montana v. Saxton

Affirmation of Exigent Circumstances in Warrantless Home Searches: State of Montana v. Saxton

Date: Apr 25, 2003
Affirmation of Exigent Circumstances in Warrantless Home Searches: State of Montana v. Saxton Introduction State of Montana v. Shirley Saxton, 315 Mont. 315 (2003), is a significant case decided by...
Montana Supreme Court Establishes Necessity of Sustained Particularized Suspicion for Investigative Stops

Montana Supreme Court Establishes Necessity of Sustained Particularized Suspicion for Investigative Stops

Date: Dec 13, 2002
Montana Supreme Court Establishes Necessity of Sustained Particularized Suspicion for Investigative Stops Introduction The case of State of Montana v. Kaufman, Kaufman, and Cox (313 Mont. 1)...
Supreme Court of Montana Affirms Legislative Discretion in Tax Classification: Upholding HB 28 and SB 412

Supreme Court of Montana Affirms Legislative Discretion in Tax Classification: Upholding HB 28 and SB 412

Date: Nov 22, 2002
Supreme Court of Montana Affirms Legislative Discretion in Tax Classification: Upholding HB 28 and SB 412 Introduction In the landmark case of Powder River County et al. v. State of Montana et al.,...
Kiely Construction v. City of Red Lodge: Clarifying Protected Property Interests and Judicial Immunity

Kiely Construction v. City of Red Lodge: Clarifying Protected Property Interests and Judicial Immunity

Date: Nov 2, 2002
Kiely Construction v. City of Red Lodge: Clarifying Protected Property Interests and Judicial Immunity Introduction The case of KIELY CONSTRUCTION, L.L.C. v. CITY OF RED LODGE, decided by the Supreme...
Montana Supreme Court Overrules Bean Lake: Recognizing Pre-1973 Fish, Wildlife, and Recreation Water Rights Without Diversion

Montana Supreme Court Overrules Bean Lake: Recognizing Pre-1973 Fish, Wildlife, and Recreation Water Rights Without Diversion

Date: Sep 25, 2002
Montana Supreme Court Overrules Bean Lake: Recognizing Pre-1973 Fish, Wildlife, and Recreation Water Rights Without Diversion Introduction In the landmark case In the Matter of the Adjudication of...
Affirmation of the Community Caretaker Doctrine in DUI Investigations

Affirmation of the Community Caretaker Doctrine in DUI Investigations

Date: Jul 10, 2002
Affirmation of the Community Caretaker Doctrine in DUI Investigations Introduction In State of Montana v. Michael D. Lovegren (310 Mont. 358, 2002), the Supreme Court of Montana addressed pivotal...
Limits on Cross-Examination and Jury Instructions: Montana Supreme Court in State of Montana v. David Wayne Nelson

Limits on Cross-Examination and Jury Instructions: Montana Supreme Court in State of Montana v. David Wayne Nelson

Date: Jun 12, 2002
Limits on Cross-Examination and Jury Instructions: Montana Supreme Court in State of Montana v. David Wayne Nelson Introduction The case of State of Montana v. David Wayne Nelson, decided on June 11,...
Admissibility and Foundation of Expert Opinion Testimony in DUID Cases: An Analysis of State v. Nobach

Admissibility and Foundation of Expert Opinion Testimony in DUID Cases: An Analysis of State v. Nobach

Date: May 8, 2002
Admissibility and Foundation of Expert Opinion Testimony in DUID Cases: An Analysis of State v. Nobach Introduction State of Montana v. David Paul Nobach, 309 Mont. 342 (2002), presents a pivotal...
Montana Supreme Court Establishes Objective Standard for Seizure Under Fourth Amendment in State of Montana v. Ted William Clayton

Montana Supreme Court Establishes Objective Standard for Seizure Under Fourth Amendment in State of Montana v. Ted William Clayton

Date: Apr 5, 2002
Montana Supreme Court Establishes Objective Standard for Seizure Under Fourth Amendment in State of Montana v. Ted William Clayton Introduction State of Montana v. Ted William Clayton, 309 Mont. 215...
Reliance on Circumstantial Evidence and Probable Cause in Deliberate Homicide: Analysis of Montana v. Elliott

Reliance on Circumstantial Evidence and Probable Cause in Deliberate Homicide: Analysis of Montana v. Elliott

Date: Feb 22, 2002
Reliance on Circumstantial Evidence and Probable Cause in Deliberate Homicide: Analysis of Montana v. Elliott Introduction State of Montana v. Pamela Elliott is a landmark decision by the Supreme...
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