Montana Law Week

The Weekly Digest of Montana Law

Negligence/CPA, house settling, verdict

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NEGLIGENCE/CPA: Evidence of settling of other houses in subdivision improperly precluded, particularly after Defendant opened door by suggesting Plaintiffs’ situation unique… federal “substantially injurious to consumers” definition of CPA unfair act adopted… verdict denying recovery under CPA and apportioning negligence 10% to developer, [Read more…]

Property, forged deeds, edged-out buyer

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PROPERTY: Curative statute protects BFPs only as to fraudulent conveyances, not forged deeds, all 3 deeds void ab initio, transferred no rights… ratification of forged deed may be considered in equity (1st impression)… warranty deeds of non-forgers constituted authority for forger to convey property, statute of frauds not violated… ratification elements satisfied by conduct despite lack of knowledge of forgery… [Read more…]

Environment, CBM water rules

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ENVIRONMENT: Appropriate standard of review of CBM water rules assembled from multiplicity of Acts raised in challenge… scientific basis for classifying pollutant parameters as harmful in 2006 when not so classified in 2003… new rules not more stringent than federal law, [Read more…]