Montana Law Week

The Weekly Digest of Montana Law

Archives for May 2019

Foreclosure, alleged Fannie Mae bid rigging challenge

By

FORECLOSURE: Challenge by lessee to Fannie Mae’s interest in property via alleged bid rigging properly dismissed as moot after it sold the property to a 3rd-party and lessee effectively obtained relief requested by not vacating, voluntary cessation exception to mootness doctrine inapplicable… leave to amend counterclaim to add quiet title for a complete ownership interest and several defendants including the 3rd-party purchaser properly denied… Newman affirmed (IOR I-3(c)). [Read more…]

DUI, routine police encounter, particularized suspicion

By

DUI: Approaching Defendant at gas station while responding to a tip of a driver who smelled of alcohol was routine police encounter that did not require particularized suspicion… particularized suspicion acquired upon driver’s participation in questioning and testing… motion to suppress properly denied although improperly based on particularized suspicion… Oldenburg affirmed (other grounds). [Read more…]

SSD, epilepsy Listing versions, “credit as true” rule

By

SSD: Revised epilepsy Listing applies, not former Listing relied on by doctor, but a 2nd remand for further development of the record would serve no purpose where claim has been pending for 6 years and SSA can only find isolated pieces of arguably inconsistent evidence… remanded for immediate award of benefits pursuant to “credit as true” rule… Lynch. [Read more…]