NEW TRIAL properly ordered on finding kidnapped estranged wife entitled to more than $20,000 jury award… ranch properly dismissed for lack of ratification of employee’s actions… Marks affirmed. [Read more…]
Archives for January 2026
Long-term care, med-mal, unjust enrichment, rescission
LONG-TERM CARE: 6 counts stemming from death of memory facility resident correctly construed as med-mal, dismissed as time-barred… unjust enrichment and contract rescission improperly dismissed as time-barred… Ulbricht affirmed, reversed. [Read more…]
Class action, undersized dumpsters
CLASS ACTION claims against waste management entity providing undersized dumpsters properly certified over issues of common questions of law & fact and ascertainability of class members in early stage of litigation… Marks affirmed. [Read more…]
Marital, unsigned petition
MARITAL: Marriage improperly found invalid based on unsigned petition and irrelevant irretrievable breakdown finding… Owen reversed. [Read more…]
Tampering, staged robbery for insurance fraud
TAMPERING conviction in staged robbery for insurance fraud affirmed over denial of accomplice instruction and sufficiency of corroboration… Bidegaray affirmed. [Read more…]
Plea agreement, inadequate deportation advisement
PLEA AGREEMENT: Plain error review of claim of inadequate advisement that guilty plea would result in deportation declined… McElyea affirmed. [Read more…]
Incest, minor stepdaughter, delayed disclosures
INCEST: Convictions relating to sex with minor stepdaughter affirmed over cumulative error claim including blind expert’s testimony about delayed disclosures, other bad acts evidence, alleged Doyle error… Lint affirmed (memorandum). [Read more…]
Warrantless entry into suicidal person’s home
WARRANTLESS ENTRY into home justified by “objectively reasonable basis for believing” that entry was needed to prevent suicide (community caretaker doctrine, borrowed from criminal context, is inapt)… Krueger, Montana Supreme Court affirmed (other grounds). [Read more…]
Drugs, overwhelming evidence of guilt
DRUGS: Any error in challenged evidence harmless in light of overwhelming evidence of guilt… Watters affirmed (memorandum). [Read more…]
Covenants, viewshed, $420,000 fees
COVENANTS: Whether Defendants sufficiently considered impact of home construction on Plaintiffs’ views of mountains improperly decided on summary judgment… $420,000 fees award to Defendants vacated pending jury’s determination of who wins… Ohman reversed. [Read more…]