Montana Case Commentaries

Establishing a Reasonable-Belief Standard: New Precedents for HCQIA Immunity in Peer Review Actions

Date: Feb 12, 2025

Establishing a Reasonable-Belief Standard: New Precedents for HCQIA Immunity in Peer Review Actions Introduction The judgment in THOMAS C. WEINER, M.D. v. ST. PETER'S HEALTH et al. represents a...

Precluding Parental Inheritance Rights Under Montana's § 72-2-124 MCA

Date: Feb 8, 2025

Precluding Parental Inheritance Rights Under Montana's § 72-2-124 MCA Introduction The case of In re the Estate of M.A.C., Deceased Minor (2025 MT 23) presents a significant legal determination by...

Montana Supreme Court Upholds Discretion in Sexual Offender Tier Designation: State of Montana v. Joseph Eugene Garcia

Date: Feb 8, 2025

Montana Supreme Court Upholds Discretion in Sexual Offender Tier Designation: State of Montana v. Joseph Eugene Garcia Introduction In the landmark case State of Montana v. Joseph Eugene Garcia, the...

Montana Supreme Court Limits Scope of Public Access Easements in Subdivision Road Dispute

Date: Feb 8, 2025

Montana Supreme Court Limits Scope of Public Access Easements in Subdivision Road Dispute Introduction The Supreme Court of Montana recently adjudicated a pivotal case, GBSB Holding, LLC v. Flathead...

Montana Supreme Court Affirms Enforcement of Marital Property Settlement Agreement: No Additional Payments or Attorney's Fees Awarded

Date: Feb 5, 2025

Montana Supreme Court Affirms Enforcement of Marital Property Settlement Agreement: No Additional Payments or Attorney's Fees Awarded Introduction The case of In re the Marriage of Joseph Ghahari and...

Reinstatement of Conviction Post-Habeas Corpus Reversal: Insights from State v. Garding

Date: Feb 5, 2025

Reinstatement of Conviction Post-Habeas Corpus Reversal: Insights from State v. Garding Introduction State v. Katie Irene Garding is a landmark decision by the Supreme Court of Montana issued on...

Montana Supreme Court Establishes Strict Requirements for Termination of Parental Rights Under § 41-3-609(1)(f), MCA

Date: Feb 5, 2025

Montana Supreme Court Establishes Strict Requirements for Termination of Parental Rights Under § 41-3-609(1)(f), MCA Introduction The Supreme Court of Montana delivered a memorandum opinion in the...

Strict Enforcement of Restrictive Covenants in Residential Subdivisions

Date: Feb 5, 2025

Strict Enforcement of Restrictive Covenants in Residential Subdivisions Introduction The case of Scott Larsen and Karen Larsen v. Keith Sayers and Danielle Sayers addresses the enforcement of...

Montana Supreme Court Upholds Public Access to Junque Files and Enforces Appellate Procedural Compliance

Date: Feb 1, 2025

Montana Supreme Court Upholds Public Access to Junque Files and Enforces Appellate Procedural Compliance Introduction In the landmark case of Saslav v. Howe, decided on January 27, 2025, the Supreme...

Montana Supreme Court Sets Precedent on Legislative Access to Confidential Child Abuse Records Under MCA § 41-3-205

Date: Jan 23, 2025

Montana Supreme Court Sets Precedent on Legislative Access to Confidential Child Abuse Records Under MCA § 41-3-205 Introduction In the landmark case of William W. Mercer v. Montana Department of...

Supreme Court of Montana Affirms District Court's Parenting Plan Modification in Anderson v. Anderson

Date: Jan 23, 2025

Supreme Court of Montana Affirms District Court's Parenting Plan Modification in Anderson v. Anderson Introduction In the case of In Re the Marriage of Benjamin J. Anderson and Kristin C. Anderson...

Dismissal of Injunctive Relief Claims in Paul Denis v. Cary Massey et al.

Date: Jan 23, 2025

Dismissal of Injunctive Relief Claims in Paul Denis v. Cary Massey et al. Introduction In the case of Paul Denis v. Cary Massey, Rose Gallagher, and Spanish Peaks Mountain Club (SPMC), decided on...

Montana Supreme Court Upholds Non-Modifiability of Felony Incest Sentences Despite Program Changes

Date: Jan 23, 2025

Montana Supreme Court Upholds Non-Modifiability of Felony Incest Sentences Despite Program Changes Introduction In the landmark case State of Montana v. David Alan Damon, adjudicated in 2025, the...

Termination of Parental Rights in Montana: A Comprehensive Analysis of In the Matter of M.N. and M.N.

Date: Jan 23, 2025

Termination of Parental Rights in Montana: A Comprehensive Analysis of In the Matter of M.N. and M.N. Introduction In In the Matter of: M.N. and M.N., Youths in Need of Care (2025 MT 13), the Montana...

Mandatory Hearing Requirement for Parenting Plan Amendments Under §40-4-220, MCA

Date: Jan 23, 2025

Mandatory Hearing Requirement for Parenting Plan Amendments Under §40-4-220, MCA Introduction The case of In Re the Parenting of: G.L.M.S. and T.L.S., Minor Children involves a dispute between Thomas...

Affirmation of Final Parenting Plan Based on Child's Best Interests

Date: Jan 23, 2025

Affirmation of Final Parenting Plan Based on Child's Best Interests Introduction In the case titled IN RE THE PARENTING OF: T.R.L., Cassie Nez Perce appealed the District Court of the Sixteenth...

Affirmation of Felony DUI Conviction and Evidentiary Standards in State v. Boucher

Date: Jan 23, 2025

Affirmation of Felony DUI Conviction and Evidentiary Standards in State v. Boucher Introduction State of Montana v. David A. Boucher is a significant case adjudicated by the Supreme Court of Montana...

Affirmation of Waiver of Appeal Rights in Plea Agreements: State v. Golas

Date: Jan 23, 2025

Affirmation of Waiver of Appeal Rights in Plea Agreements: State v. Golas Introduction The case of State of Montana v. Ronald L. Golas (2025 MT 11) presents a pivotal examination of the procedural...

Recognition of Deceased Victim's Spouse's Economic Losses in Restitution Awards

Date: Jan 19, 2025

Recognition of Deceased Victim's Spouse's Economic Losses in Restitution Awards Introduction The case of State of Montana v. Charlotte Ann Wolfchild (2025 MT 7) addresses the scope of restitution...

Montana Supreme Court Affirms MICWA Compliance in Guardianship of Indian Children

Date: Jan 19, 2025

Montana Supreme Court Affirms MICWA Compliance in Guardianship of Indian Children Introduction In the landmark case In the Matter of: L.B. and R.B., Youths in Need of Care (2025 MT 6), the Supreme...