ATTORNEY DISCHARGE: No Montana personal jurisdiction over wrongful discharge suit by Texas law firm attorney who moved to Montana to work out of his home… case transferred to Texas Federal Court rather than dismissed… Molloy. [Read more…]
Wrongful discharge, Flathead Basin Commission ED
WRONGFUL DISCHARGE: Flathead Basin Commission ED properly found to be employee of DNRC which had good cause to terminate her for financial improprieties… Seeley affirmed. [Read more…]
Clean Campaign Act, PACs’ notice to candidates
CLEAN CAMPAIGN ACT: Requirement that political committees contemporaneously provide a candidate any campaign advertisement published within 10 days of an election if it refers to, but does not endorse, the candidate, does not pass constitutional muster… Molloy. [Read more…]
Easement, landlocked river properties, $96,650 fees cut
EASEMENT: Implied easement by preexisting use properly found for residential use of landlocked river properties that have no other means of access but improperly found to extend to other HOA members… all HOA members properly found to have prescriptive easement for residential and recreation… easement for use by public improperly found as HOA did not assert its claim on behalf of the public… UDJA appropriate for HOA to seek attorney fees for easement claims, but $96,650.18 attorney fees/costs improperly awarded as both parties had good faith beliefs supporting their claims and insufficient evidence of unequal footing… Pinski affirmed, reversed. [Read more…]
Arbitration, Health Care Sharing Ministry, “insurance”
ARBITRATION: Health care sharing ministry Member Guide is an insurance contract… Montana law prohibits arbitration clauses in insurance contracts and the McCarren-Ferguson Act reverse-preempts the FAA… HCSM providers’ motions to compel arbitration denied…. Haddon. [Read more…]
Easement, landlocked river property
EASEMENT: Implied/prescriptive easements established over road through private river property for residential/recreation use for otherwise landlocked properties… Pinski. [Read more…]
Copyright, political photo
COPYRIGHT: Photo of Democrat Congressional Candidate shot by hired photographer at Party event and downloaded from Facebook by Republicans for use in mailer supporting Congressman’s reelection campaign was “fair use, not copyright infringement… Christensen. [Read more…]