ABORTION: 2021 legislation regulating abortions stricken as unconstitutional… Krueger affirmed. [Read more…]
Solid waste, landfill expansion in wetlands
SOLID WASTE: City landfill expansion properly granted in wetlands area leading to Yellowstone River over objections from owners of adjacent public park… DEQ/Davies affirmed. [Read more…]
Abortion services, 2021 restrictions preliminary enjoined
ABORTION SERVICES: 2021 laws regulating or restricting abortions properly preliminarily enjoined… Moses affirmed. [Read more…]
University System, gun control authority
UNIVERSITY SYSTEM has constitutional authority to regulate firearms on campuses… McMahon affirmed. [Read more…]
$6,952,065 settlements, hospital employees’ health plans
SETTLEMENT: $6,952,065, action for accounting, disgorgement of profits, reimbursement of losses, on behalf of 11,000 employees with health benefit plans at 5 hospitals. [Read more…]
Intervention, shooting association, campus firearms
INTERVENTION by shooting association properly denied in Regents’ challenge to HB 102 regulating firearms on university campuses… supervisory control of McMahon denied… order. [Read more…]
Judge substitution upon reversal of summary judgment
JUDGE SUBSTITUTION: Municipal water condemnees improperly denied right of substitution upon reversal of summary judgment in attorney fees dispute… Townsend reversed. [Read more…]
ERISA, terminated employee, life insurance conversion
ERISA: Fact issues preclude summary judgment as to whether employer adequately advised terminally ill employee that life insurance benefits were ending thereby denying him his conversion privilege upon termination of employment… fiduciary claim against insurer properly dismissed… Christensen reversed, affirmed (memorandum). [Read more…]
Environment, mine discharges permit
ENVIRONMENT: Expired 1992 BHES order erroneously relied on in 2017 renewal of mine discharges permit… Seeley affirmed. [Read more…]
Restoration damages, landowners’ smelter contamination
RESTORATION DAMAGES: Landowners affected by smelter contamination are “potentially responsible parties” under CERCLA, need EPA approval to take independent remedial action… Montana Supreme Court affirmed as to jurisdiction, reversed on the merits. [Read more…]