Montana Law Week

The Weekly Digest of Montana Law

Elections, 2021 voter legislation unconstitutional

By

ELECTIONS: Unconstitutionality of 2021 voter amendments affirmed… Moses affirmed. [Read more…]

DUI, county line jurisdiction, community caretaker

By

DUI: Defendant properly tried in L&C where he drove into ditch and came to stop in Broadwater… properly taken to Trooper’s car under community caretaker and signs of impairment… not impeded from independent blood draw… statutory speedy trial waived by request for continuance… conviction affirmed… Swingley/McMahon affirmed (memorandum). [Read more…]

Jurisdiction, challenge of State Court judgments

By

JURISDICTION: “State-court loser” complaining of injuries caused by state-court judgments stemming from marital property litigation barred by Rooker-Feldman from challenging judgments in Federal Court (asserting RICO claims against ex-wife and her attorneys), remanded for dismissal without prejudice… Morris affirmed (other grounds) (memorandum). [Read more…]

$16,652,538 DPHHS negligence verdict reversed

By

NEGLIGENCE: §41-3-203(1) immunity not applicable to State in case alleging DPHHS failed to properly investigate child abuse resulting in serious injuries… Court erred by ruling that DPHHS was negligent and assault was foreseeable… disproportionate sanction imposed on State for spoliation of photos showing bruising… $16,652,538 verdict reversed, remanded for new trial… Best affirmed, reversed. [Read more…]