APPELLATE PROCEDURE: Court is “losing patience” with Appellate for repeated filings… Order. [Read more…]
Rehearing of default divorce denied
REHEARING of default divorce Opinion denied… Order. [Read more…]
Judge substitution, existing rule v. SB 41
JUDGE SUBSTITUTION: Existing rule rather than SB 41 properly applied after all First Judicial District judges had been substituted or declined jurisdiction… Best affirmed. [Read more…]
Citizen initiative, County windmill ordinance
CITIZEN INITIATIVE: County Windmill initiative properly found invalid… Wittman affirmed. [Read more…]
SIWC/incest, other acts evidence
INCEST/SIWC: Adopted daughter properly permitted to testify in trial of alleged abuse of other adopted daughter that Defendant had abused her when she was young… conviction affirmed… Lint affirmed. [Read more…]
Decisions no longer identified by district courts
The 9th Circuit websites no longer identify district courts with the decisions, making it impossible to pull out decisions from the Montana courts. Please send your 9th Circuit decisions to Montana Law Week.
Uniform Public Expression Freedom Act
UNIFORM PUBLIC EXPRESSION FREEDOM ACT: Malicious prosecution and abuse of process claims arising from sexual assault allegations asserted during prior negligence litigation stemming from MVA fall within the scope of activities protected by UPERA, Plaintiff failed to state viable claims for either… Molloy. [Read more…]
Legal malpractice, divorce proceeding, no appeal
LEGAL MALPRACTICE: Summary judgment for attorneys improperly granted as claim of negligence was not based solely on failure to appeal underlying divorce decision but encompassed numerous allegations of pre-appeal conduct… Larson reversed. [Read more…]
Judge disqualification of McMahon denied
JUDGE DISQUALIFICATION of McMahon based on belief of prejudice because Defendant is pro se denied… Order. [Read more…]
Judge disqualification of Breuner denied
JUDGE DISQUALIFICATION of Breuner denied… Order. [Read more…]
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