Mixed Natural/Artificial Pond–Channel Connections Trigger 310 Jurisdiction and Allow Permit Denial Under “Discouraged” Pond Rules (Burtons v. Flathead Conservation Dist.) 1. Introduction Case:...
Actual Fraud by Forged Real-Property Instruments: Clear-and-Convincing Proof Supports Compensatory Damages and Fee-Shifting to Clear Clouded Title 1. Introduction In Estate of Tosch v. Kahle, 2026 MT...
Nonlawyer Business Owners Cannot Litigate Entity Claims Pro Se; Whistleblower/False Claims Theories Require Proper Status, Government Nexus, and Timely Pleading Introduction In McCaul v. Wells Fargo...
Particularized Suspicion to Expand a Traffic Stop into DUI Testing; Waiver of Unpreserved Independent Blood Test Claims Introduction In State v. L. Johnson (2026 MT 138N), the Montana Supreme Court...
Unauthorized Partner Consent Cannot Create Personal Jurisdiction Over an Out-of-State Partnership (Rule 60(b)(4) Vacatur of Domesticated Foreign Judgment) Case: In the Matter of the Estate of Ann...
Mitigation Bars Expanded Construction-Defect Damages When No-Cost Cure Is Refused; Correctability Does Not Excuse Defective Work Introduction Lorenz v. Williams (Mont. Sup. Ct. June 30, 2026, 2026 MT...
Relocation Parenting-Plan Orders Do Not Infringe the Right to Travel When They Only Determine the Child’s Residence Based on Best Interests Case: Parenting of A.L.W., 2026 MT 139N (Mont. June 30,...
Relocation Orders and the Right to Travel: Child May Remain in Montana Where Best Interests and Statutory Relocation Factors Support Primary Residence with the Nonmoving Parent 1. Introduction In re...
Mandatory DUI Minimum Fines After Cole: Imposition Required, Ability-to-Pay Findings Required, and Suspension Permitted 1. Introduction State v. T. Hagberg (2026 MT 135) is a Montana Supreme Court...
Taxpayer-Provided Comparable Rent Data Triggers Mandatory Income Approach for Commercial Condominiums Under § 15-8-111(5), MCA 1. Introduction O'Brien v. MT Dept. of Revenue, 2026 MT 132 (Mont. June...
Matter of M.F. (2026 MT 133): Post‑2023 “Reasonable Efforts” Are Not a Standalone Termination Element; No Trial Home Visit Required When Safety Conditions Persist 1. Introduction Matter of M.F. is a...
Decades-Old, Uncharged Prior Sexual-Abuse Allegations May Survive Rule 403 When Highly Similar and Offered for Non-Propensity Purposes; No Automatic Duty to Seek Contemporaneous Limiting Instructions...
Legislative “Random-Selection” Directives Do Not Supersede Montana’s Judicial Substitution Rule Absent Supreme Court Amendment Case: J. Williams v. G. Gianforte (2026 MT 131) | Court: Supreme Court...
Full Replacement Cost Restitution May Be the Price of a New Model When the Defendant Offers No Contrary Evidence 1. Introduction State v. T. Peterson (Mont. 2026 MT 129) arises from a break-in at Get...
Local Initiatives Cannot Create Countywide Land-Use Permitting Regimes Outside Title 76 (Treasure County v. Edlund) 1. Introduction In Treasure County v. Edlund, 2026 MT 134 (DA 25-0498), the Montana...
Montana’s Emerging “Limited Admission Waiver” Framework for Community Justice Workers 1. Introduction This Supreme Court of Montana administrative matter (AF 11-0765) arises from a September 15, 2025...
Non-Compelled Supervised Visitation for Traumatized Children Is Not Improper Delegation; Extracurricular Costs Must Be Reasonably Scoped and Properly Allocated 1. Introduction Marriage of Bull (Mont....
Boyden v. Salmonsen: Prima Facie Habeas Pleading Requirements and Pre‑Filing Limits for Repetitive Sentence‑Credit Challenges 1. Introduction In Boyden v. Salmonsen (Mont. Sup. Ct. OP 26-0345, filed...
When Legal Malpractice Is Not a “Lost Appeal” Case: Pre‑Appeal Negligence Allegations Defeat Richards Summary Judgment and Are Properly Clarified Through Discovery 1. Introduction In Bellamah v....
Foster Parents Cannot Obtain Title 41 Dismissal/Custody as “Noncustodial Parents,” and Title 40 Parenting Plans Cannot Create Nonparent Parental Interests While a Title 41 Case Is Pending 1....