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  • Commentaries
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Montana Case Commentaries

Affirmation of Scenic Drive Easement in Clark v. Pennock et al.

Affirmation of Scenic Drive Easement in Clark v. Pennock et al.

Date: Sep 1, 2010
Affirmation of Scenic Drive Easement in Clark v. Pennock et al. Introduction The case of Clark and Smith v. Pennock et al. adjudicated by the Supreme Court of Montana in 2010 centers around a dispute...
Montana Supreme Court Clarifies Persistent Felony Offender Sentencing Standards

Montana Supreme Court Clarifies Persistent Felony Offender Sentencing Standards

Date: Jul 28, 2010
Montana Supreme Court Clarifies Persistent Felony Offender Sentencing Standards Introduction In the landmark case of State of Montana v. David W. Gunderson, the Supreme Court of Montana addressed...
Montana Supreme Court Upholds Statutory Time Served Credit in Consecutive Sentencing

Montana Supreme Court Upholds Statutory Time Served Credit in Consecutive Sentencing

Date: Apr 14, 2010
Montana Supreme Court Upholds Statutory Time Served Credit in Consecutive Sentencing Introduction The case of State of Montana v. Charles Lee Hornstein addresses the critical issue of crediting time...
Montana Supreme Court Clarifies Statutory Immunity for Shooting Ranges in Nuisance Claims

Montana Supreme Court Clarifies Statutory Immunity for Shooting Ranges in Nuisance Claims

Date: Mar 30, 2010
Montana Supreme Court Clarifies Statutory Immunity for Shooting Ranges in Nuisance Claims Introduction In the landmark case of Tally Bissell Neighbors, Inc. v. Eyrie Shotgun Ranch, LLC, decided on...
Supreme Court of Montana Upholds Probable Cause in Youth Trespass Case

Supreme Court of Montana Upholds Probable Cause in Youth Trespass Case

Date: Mar 3, 2010
Supreme Court of Montana Upholds Probable Cause in Youth Trespass Case Introduction In In the Matter of K.J., A Youth (355 Mont. 257, 2010), the Supreme Court of Montana addressed key issues...
Montana Supreme Court Clarifies Enforceability of Non-Competition Clauses in Medical Partnership Agreements

Montana Supreme Court Clarifies Enforceability of Non-Competition Clauses in Medical Partnership Agreements

Date: Dec 16, 2009
Montana Supreme Court Clarifies Enforceability of Non-Competition Clauses in Medical Partnership Agreements Introduction In the landmark case of Independent Doctors v. Great Falls Clinic, LLP, the...
Affirming Conviction on Sufficiency of Circumstantial Evidence and Due Process in the Use of DNA Evidence: State v. Jackson

Affirming Conviction on Sufficiency of Circumstantial Evidence and Due Process in the Use of DNA Evidence: State v. Jackson

Date: Dec 16, 2009
Affirming Conviction on Sufficiency of Circumstantial Evidence and Due Process in the Use of DNA Evidence: State v. Jackson Introduction State of Montana v. Laurence Dean Jackson, Jr., 354 Mont. 63...
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...
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