ASBESTOS: BNSF is entitled to the common carrier exception to strict liability for transportation of vermiculite, $8 million verdict for 2 mesothelioma deaths due to handling of vermiculite at its Libby railyard reversed… Morris reversed. [Read more…]
Initiative, BI-4 “artificial persons”
INITIATIVE: AG’s rejection of BI-4 “artificial persons” for violation of separate vote affirmed… Opinion & Order. [Read more…]
Attorney discipline, AG suspension rejected
ATTORNEY DISCIPLINE: COP’s recommendation of 90-day suspension of AG Knudsen rejected, 149-page Opinion & Order serves as public admonition for violation of RPC… COP’s violation of due process mandates dismissal rather than remand. [Read more…]
Right to know, presumption toward attorney fees award
RIGHT TO KNOW: Successful Art. II §9 Plaintiff entitled to presumption toward attorney fees… Abbott reversed. [Read more…]
Open meetings, judicial Advisory Counsel
OPEN MEETINGS: Blanket closure of Advisory Council’s interviews of judicial applicants violated open meeting laws but recommendation not voided as it is merely advisory… Menahan affirmed. [Read more…]
Stay pending appeal, alternative security
STAY PENDING APPEAL: Appellants properly allowed to post alternative security to supersedeas bond… Recht affirmed (Order). [Read more…]
Oil & gas leases, sage-grouse habitat
OIL & GAS LEASES: Judgments as to BLM policies governing lease sales on protected sage-grouse habitat affirmed and reversed… Morris affirmed, Patricco reversed, affirmed. [Read more…]
Gubernatorial privilege, Agency Bill Monitoring forms
GUBERNATORIAL PRIVILEGE: Judge erred in finding that Montana law does not recognize any form of gubernatorial privilege but correctly determined that Governor’s assertions of privilege as to Agency Bill Monitoring forms were subject to in camera review… Seeley reversed, affirmed. [Read more…]
County Indian criminal reimbursement claims
COUNTY INDIAN CRIMINAL REIMBURSEMENT claims properly rejected based on statute of limitations and on summary judgment… Eddy affirmed. [Read more…]
Fraudulent ARD claims, $5,826,023 qui tam
FRAUDULENT ARD CLAIMS: $5,826,023 to US for false claims by CARD with Qui Tam Relator BNSF awarded 25% plus $1,423,936.58 fees/costs affirmed… Christensen affirmed (memorandum). [Read more…]
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