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  • Commentaries
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Montana Case Commentaries

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...
Knight v. City of Missoula: Reinforcing the Viability of Inverse Condemnation and Nuisance Claims Against Municipal Actions

Knight v. City of Missoula: Reinforcing the Viability of Inverse Condemnation and Nuisance Claims Against Municipal Actions

Date: Mar 11, 1992
Knight v. City of Missoula: Reinforcing the Viability of Inverse Condemnation and Nuisance Claims Against Municipal Actions Introduction In Knight v. City of Missoula, the Supreme Court of Montana...
Tax-Exempt Status of Charitable Institutions: Steer, Inc. v. Department of Revenue of Montana

Tax-Exempt Status of Charitable Institutions: Steer, Inc. v. Department of Revenue of Montana

Date: Dec 12, 1990
Tax-Exempt Status of Charitable Institutions: Steer, Inc. v. Department of Revenue of Montana Introduction Steer, Inc., Plaintiff and Respondent, v. The Department of Revenue of the State of Montana,...
Implied Covenant of Good Faith Limited to Contract Damages: MARK STORY v. CITY OF BOZEMAN

Implied Covenant of Good Faith Limited to Contract Damages: MARK STORY v. CITY OF BOZEMAN

Date: May 4, 1990
Implied Covenant of Good Faith Limited to Contract Damages: MARK STORY v. CITY OF BOZEMAN Introduction The case of Mark Story, d/b/a Mark Story Construction, Plaintiff and Respondent, v. City of...
Balancing Public Transparency and Individual Privacy: Insights from Robert Flesh v. Joint School District #2

Balancing Public Transparency and Individual Privacy: Insights from Robert Flesh v. Joint School District #2

Date: Jan 30, 1990
Balancing Public Transparency and Individual Privacy: Insights from Robert Flesh v. Joint School District #2 Introduction Robert Flesh v. The Board of Trustees of Joint School District #2, Mineral...
Tolling of Statute of Limitations in Temporary Continuing Nuisance: Graveley Ranch v. Scherpings

Tolling of Statute of Limitations in Temporary Continuing Nuisance: Graveley Ranch v. Scherpings

Date: Nov 18, 1989
Tolling of Statute of Limitations in Temporary Continuing Nuisance: Graveley Ranch v. Scherpings Introduction Graveley Ranch v. Thomas Scherping and Anita Scherping is a landmark case decided by the...
Montana Supreme Court Clarifies State Sovereign Immunity in Implied Contract Cases

Montana Supreme Court Clarifies State Sovereign Immunity in Implied Contract Cases

Date: Jul 20, 1989
Montana Supreme Court Clarifies State Sovereign Immunity in Implied Contract Cases Introduction The case of Michael Peretti, Henri Hodnik, et al. v. The State of Montana; The Board of Public...
Mandating Equitable Apportionment Standard in Absence of Separation Agreement: Analysis of In re Marriage of Mary Lou Miller

Mandating Equitable Apportionment Standard in Absence of Separation Agreement: Analysis of In re Marriage of Mary Lou Miller

Date: Jul 19, 1989
Mandating Equitable Apportionment Standard in Absence of Separation Agreement: Analysis of In re Marriage of Mary Lou Miller Introduction In re the Marriage of Mary Lou Miller and Dale Lee Miller,...
Supreme Court of Montana Clarifies Appealability of Interlocutory Orders in Water Rights Adjudication

Supreme Court of Montana Clarifies Appealability of Interlocutory Orders in Water Rights Adjudication

Date: Oct 12, 1988
Supreme Court of Montana Clarifies Appealability of Interlocutory Orders in Water Rights Adjudication Introduction The Supreme Court of Montana delivered a landmark decision on October 11, 1988,...
Defining Acceptable Use of Easements: Limits on Parking and Storage Under Sampson v. Grooms

Defining Acceptable Use of Easements: Limits on Parking and Storage Under Sampson v. Grooms

Date: Jan 20, 1988
Defining Acceptable Use of Easements: Limits on Parking and Storage Under Sampson v. Grooms Introduction The case Elmer O. Sampson v. Ralph G. Grooms and Gertrude Grooms (230 Mont. 190), adjudicated...
Attorney Fees Awarded to Prevailing Complainants Under the Montana Maternity Leave Act

Attorney Fees Awarded to Prevailing Complainants Under the Montana Maternity Leave Act

Date: Oct 16, 1987
Attorney Fees Awarded to Prevailing Complainants Under the Montana Maternity Leave Act Introduction The case of Miller-Wohl Company, Inc. v. Commissioner of Labor and Industry, State of Montana, and...
Inherent Judicial Authority to Compel Funding: A New Precedent from Butte-Silver Bow v. Olsen

Inherent Judicial Authority to Compel Funding: A New Precedent from Butte-Silver Bow v. Olsen

Date: Aug 15, 1987
Inherent Judicial Authority to Compel Funding: A New Precedent from Butte-Silver Bow v. Olsen Introduction The case of Butte-Silver Bow Local Government v. Arnold Olsen stands as a landmark decision...
Application of Equitable Distribution and Retroactive Child Support in Montana's Supreme Court: In Re the Marriage of Carol A. Shirilla

Application of Equitable Distribution and Retroactive Child Support in Montana's Supreme Court: In Re the Marriage of Carol A. Shirilla

Date: Jan 14, 1987
Application of Equitable Distribution and Retroactive Child Support in Montana's Supreme Court: In Re the Marriage of Carol A. Shirilla Introduction The case of In Re the Marriage of Carol A....
Clarifying Arrest Validity and Double Jeopardy: Comprehensive Analysis of State v. Thornton

Clarifying Arrest Validity and Double Jeopardy: Comprehensive Analysis of State v. Thornton

Date: Nov 1, 1985
Clarifying Arrest Validity and Double Jeopardy: Comprehensive Analysis of State of Montana v. Dennis D. Thornton Introduction Case: State of Montana v. Dennis D. Thornton (218 Mont. 317) Court:...
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