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  • Commentaries
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Montana Case Commentaries

Equitable Distribution in Marital Dissolution: Insights from In re the Marriage of Dawn Elizabeth Lewton v. John Edward Lewton

Equitable Distribution in Marital Dissolution: Insights from In re the Marriage of Dawn Elizabeth Lewton v. John Edward Lewton

Date: Jul 25, 2012
Equitable Distribution in Marital Dissolution: Insights from In re the Marriage of Dawn Elizabeth Lewton v. John Edward Lewton Introduction The case of Dawn Elizabeth Lewton versus John Edward Lewton...
Montana Supreme Court Establishes TIC Investments as Securities: Redding v. Montana Judicial District

Montana Supreme Court Establishes TIC Investments as Securities: Redding v. Montana Judicial District

Date: Jul 7, 2012
TIC Investments Recognized as Securities: Comprehensive Analysis of Redding v. Montana First Judicial District Court Introduction The landmark case of Billie L. Redding v. Montana First Judicial...
TICs Recognized as Securities Under the Montana Securities Act: Redding v. Montana First Judicial District Court

TICs Recognized as Securities Under the Montana Securities Act: Redding v. Montana First Judicial District Court

Date: Jul 6, 2012
TICs Recognized as Securities Under the Montana Securities Act: Redding v. Montana First Judicial District Court Introduction In the landmark case of Billie L. Redding v. Montana First Judicial...
Proper Service of Process Under M.R. Civ. P. 4D: Establishing the Void Nature of Default Judgments

Proper Service of Process Under M.R. Civ. P. 4D: Establishing the Void Nature of Default Judgments

Date: Jun 27, 2012
Proper Service of Process Under M.R. Civ. P. 4D: Establishing the Void Nature of Default Judgments Introduction The case of Mountain West Bank, N.A. v. Glacier Kitchens, Inc., CR Weaver Trust, and...
Res Judicata in Property Encroachment Cases: Insights from Olsen v. Milner

Res Judicata in Property Encroachment Cases: Insights from Olsen v. Milner

Date: Apr 24, 2012
Res Judicata in Property Encroachment Cases: Insights from Olsen v. Milner Introduction The case of Gary Olsen v. Neil Milner and Seth Milner (364 Mont. 523), adjudicated by the Supreme Court of...
Affirmation of Due Process Rights in Brady Violations: STATE v. Ellison

Affirmation of Due Process Rights in Brady Violations: STATE v. Ellison

Date: Mar 7, 2012
Affirmation of Due Process Rights in Brady Violations: STATE v. Ellison Introduction In STATE of Montana v. Lionel Scott Ellison, the Supreme Court of Montana addressed critical issues surrounding...
Montana Supreme Court Establishes 'Reasonably Abatable' Standard for Continuing Tort Doctrine in Property Contamination Claims

Montana Supreme Court Establishes 'Reasonably Abatable' Standard for Continuing Tort Doctrine in Property Contamination Claims

Date: Feb 8, 2012
Montana Supreme Court Establishes 'Reasonably Abatable' Standard for Continuing Tort Doctrine in Property Contamination Claims Introduction In the landmark case of Dave Burley and Jeannie Burley, et...
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...
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