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  • Commentaries
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Montana Case Commentaries

Reaffirmation of the Plain View Doctrine: STATE OF MONTANA v. Peng Y. Loh

Reaffirmation of the Plain View Doctrine: STATE OF MONTANA v. Peng Y. Loh

Date: Apr 6, 1996
Reaffirmation of the Plain View Doctrine: STATE OF MONTANA v. Peng Y. Loh Introduction In STATE OF MONTANA, Plaintiff and Respondent, v. PENG Y. LOH, Defendant and Appellant (275 Mont. 460), the...
Non-Delegable Safety Duties and Limits on Indemnification: Montana Supreme Court in Slater v. Central Plumbing

Non-Delegable Safety Duties and Limits on Indemnification: Montana Supreme Court in Slater v. Central Plumbing

Date: Feb 23, 1996
Non-Delegable Safety Duties and Limits on Indemnification: Montana Supreme Court in Slater v. Central Plumbing Introduction The case of Slater v. Central Plumbing and Heating Company presents a...
Montana Supreme Court Establishes Enhanced Privacy Protections in Search and Seizure under State Constitution

Montana Supreme Court Establishes Enhanced Privacy Protections in Search and Seizure under State Constitution

Date: Aug 5, 1995
Montana Supreme Court Establishes Enhanced Privacy Protections in Search and Seizure under State Constitution Introduction In State of Montana v. Bullock and Peterson, the Supreme Court of Montana...
Montana Supreme Court Affirms MHRA as Sole Remedy for Sexual Harassment Claims: Bruner v. Yellowstone County

Montana Supreme Court Affirms MHRA as Sole Remedy for Sexual Harassment Claims: Bruner v. Yellowstone County

Date: Aug 4, 1995
Montana Supreme Court Affirms MHRA as Sole Remedy for Sexual Harassment Claims: Bruner v. Yellowstone County Introduction In Bruner v. Yellowstone County, the Supreme Court of Montana addressed...
Reynolds v. State of Montana: Refining the Standards for Investigatory Vehicle Stops

Reynolds v. State of Montana: Refining the Standards for Investigatory Vehicle Stops

Date: Jul 18, 1995
Reynolds v. State of Montana: Refining the Standards for Investigatory Vehicle Stops Introduction Reynolds v. State of Montana, 272 Mont. 46 (1995), is a pivotal case adjudicated by the Supreme Court...
Coal Seam Methane Gas Ownership: Montana Supreme Court Sets New Precedent in Carbon County v. Union Reserve Coal Co.

Coal Seam Methane Gas Ownership: Montana Supreme Court Sets New Precedent in Carbon County v. Union Reserve Coal Co.

Date: Jun 28, 1995
Coal Seam Methane Gas Ownership: Montana Supreme Court Sets New Precedent in Carbon County v. Union Reserve Coal Co. Introduction The landmark case of Carbon County v. Union Reserve Coal Co.,...
Montana Supreme Court Establishes New Standards for Independent Tort Actions of Emotional Distress in Sacco v. High Country Independent Press

Montana Supreme Court Establishes New Standards for Independent Tort Actions of Emotional Distress in Sacco v. High Country Independent Press

Date: May 20, 1995
Montana Supreme Court Establishes New Standards for Independent Tort Actions of Emotional Distress in Sacco v. High Country Independent Press Introduction In the landmark case of Sacco v. High...
Clarifying Proximate Cause in Negligence Claims: Insights from Hatch v. State of Montana Department of Highways

Clarifying Proximate Cause in Negligence Claims: Insights from Hatch v. State of Montana Department of Highways

Date: Dec 24, 1994
Clarifying Proximate Cause in Negligence Claims: Insights from Hatch v. State of Montana Department of Highways Introduction The case of Linda Joann Hatch, Individually and as Conservator of the...
Equitable Distribution of Marital Assets in Closely Held Family Corporations: Insights from In Re The Marriage of Mark D. Davies and Margaret M. Davies

Equitable Distribution of Marital Assets in Closely Held Family Corporations: Insights from In Re The Marriage of Mark D. Davies and Margaret M. Davies

Date: Sep 22, 1994
Equitable Distribution of Marital Assets in Closely Held Family Corporations: Insights from In Re The Marriage of Mark D. Davies and Margaret M. Davies Introduction The Supreme Court of Montana...
Reaffirming Prescriptive Easement Requirements: Warnack v. Coneen Family Trust

Reaffirming Prescriptive Easement Requirements: Warnack v. Coneen Family Trust

Date: Aug 17, 1994
Reaffirming Prescriptive Easement Requirements: Warnack v. Coneen Family Trust Introduction In the landmark decision of A.C. Warnack, Trustee of the A.C. Warnack Trust, and Kenneth R. McDonald v. The...
Clark v. Dussault: Upholding Grievance Procedures and Limiting Judicial Immunity for Court Officials

Clark v. Dussault: Upholding Grievance Procedures and Limiting Judicial Immunity for Court Officials

Date: Jul 13, 1994
Clark v. Dussault: Upholding Grievance Procedures and Limiting Judicial Immunity for Court Officials Introduction Clark v. Dussault, 265 Mont. 479 (1994), is a landmark case in the Supreme Court of...
Coercion in Consent and Custodial Interrogations: Insights from Montana v. Rushton

Coercion in Consent and Custodial Interrogations: Insights from Montana v. Rushton

Date: Mar 23, 1994
Coercion in Consent and Custodial Interrogations: Insights from Montana v. Rushton Introduction The Supreme Court of Montana's decision in State of Montana v. Richard T. Rushton, 264 Mont. 248...
Equitable Distribution in Marital Dissolution: Insights from In Re Marriage of Maedje

Equitable Distribution in Marital Dissolution: Insights from In Re Marriage of Maedje

Date: Feb 2, 1994
Equitable Distribution in Marital Dissolution: Insights from In Re Marriage of Maedje Introduction The case of In Re the Marriage of Rick A. Maedje and Kim A. Maedje (263 Mont. 262) adjudicated by...
Proper Jury Instructions on Negligence Per Se: A Commentary on Hall v. Big Sky Lumber Supply

Proper Jury Instructions on Negligence Per Se: A Commentary on Hall v. Big Sky Lumber Supply

Date: Nov 3, 1993
Proper Jury Instructions on Negligence Per Se: A Commentary on Hall v. Big Sky Lumber Supply Introduction The case of Leonard J. Hall v. Big Sky Lumber Supply, Inc. (261 Mont. 328) adjudicated by the...
Palmer by Diacon v. Farmers Insurance Exchange: Reinforcement of Attorney-Client Privilege and Work-Product Protections in Bad Faith Actions

Palmer by Diacon v. Farmers Insurance Exchange: Reinforcement of Attorney-Client Privilege and Work-Product Protections in Bad Faith Actions

Date: Oct 19, 1993
Palmer by Diacon v. Farmers Insurance Exchange: Reinforcement of Attorney-Client Privilege and Work-Product Protections in Bad Faith Actions Introduction Palmer by Diacon v. Farmers Insurance...
Limits on Double Recovery Against Government Entities and Employees: Insights from Mark STORY v. CITY OF BOZEMAN

Limits on Double Recovery Against Government Entities and Employees: Insights from Mark STORY v. CITY OF BOZEMAN

Date: Jun 25, 1993
Limits on Double Recovery Against Government Entities and Employees: Insights from Mark STORY v. CITY OF BOZEMAN Introduction Mark Story d/b/a Mark Story Construction versus the City of Bozeman and...
Montana v. Anderson: Reinforcing the Particularized Suspicion Standard for Vehicle Stops

Montana v. Anderson: Reinforcing the Particularized Suspicion Standard for Vehicle Stops

Date: Jun 2, 1993
Montana v. Anderson: Reinforcing the Particularized Suspicion Standard for Vehicle Stops Introduction Case Citation: The State of Montana v. Robert Duane Anderson, 258 Mont. 510 (1993) In State of...
Laches Bar Equitable Easement Claims: Analysis of Murray v. Countryman Creek Ranch

Laches Bar Equitable Easement Claims: Analysis of Murray v. Countryman Creek Ranch

Date: Sep 30, 1992
Laches Bar Equitable Easement Claims: Analysis of Murray v. Countryman Creek Ranch Introduction Murray v. Countryman Creek Ranch is a pivotal 1992 decision by the Supreme Court of Montana that...
Montana Supreme Court Upholds Forfeiture of Water Rights under §85-2-226 MCA

Montana Supreme Court Upholds Forfeiture of Water Rights under §85-2-226 MCA

Date: May 8, 1992
Montana Supreme Court Upholds Forfeiture of Water Rights under §85-2-226 MCA: A New Precedent Introduction The case In the Matter of the Adjudication of the Existing Rights to the Use of all the...
Balancing Privacy and State Interest: Montana v. Burns

Balancing Privacy and State Interest: Montana v. Burns

Date: Apr 18, 1992
Balancing Privacy and State Interest: Montana v. Burns Introduction In State of Montana v. George Burns, 253 Mont. 37 (1992), the Supreme Court of Montana addressed a pivotal issue concerning the...
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