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…]
Parental Consent for Abortion Act unconstitutional
PARENTAL CONSENT FOR ABORTION ACT properly found unconstitutional… Abbott affirmed. [Read more…]
Mining, Black Butte Copper Mine permit
MINING: Copper mine near Smith River properly permitted by DEQ… Bidegaray reversed. [Read more…]
Stay pending appeal, greenhouse gas/climate rulings
STAY PENDING APPEAL denied as to Seeley’s denial of stay from her rulings in favor of youths requiring State agencies to consider greenhouse gas emissions and climate impacts in MEPA analyses… order. [Read more…]
Med-mal, blindness, proportionate duty, loss of chance
MEDICAL MALPRACTICE: Proportionate duty and loss of chance instructions improperly refused in blindness case, defense verdict reversed… jury improperly polled… Wilson reversed. [Read more…]