ABORTION SERVICES: 2021 laws regulating or restricting abortions properly preliminarily enjoined… Moses affirmed. [Read more…]
Campaign finance, COPP subpoena power
CAMPAIGN FINANCE: COPP may subpoena witnesses but must seek court authority to subpoena documents… McMahon affirmed. [Read more…]
Political practices, ethics complaint, COPP interview
POLITICAL PRACTICES: Ethics complaint against former COPP Motl based on election-eve radio interview statements regarding allegedly illegal disclosure by Rep. Tschida of his ethics complaint against Gov. Bullock properly dismissed based on conclusion that one reasonable interpretation was that they were in defense of a statute rather than opposition to Tschida’s reelection… Stutz/Rienne McElyea affirmed. [Read more…]
Political practices, CPP subpoena power
POLITICAL PRACTICES: Supervisory control of McMahon denied as to ruling that MAPA rather than Campaign Practices statute gives CPP subpoena power… order. [Read more…]
Campaign practices, $68,232.58 verdict
CAMPAIGN PRACTICES: Civil prosecution of campaign finance violations properly resulted in $68,232.58 judgment including trebling of $19,599 verdict… Dayton affirmed. [Read more…]
Subpoena duces tecum, “advice letters” to witnesses
SUBPOENA DUCES TECUM: Fees/costs sanctions imposed on subpoenaed party’s attorney for advising non-party witnesses against disclosing trade secrets… Seeley. [Read more…]
Jurisdiction/appeal, campaign finances
JURISDICTION/APPEAL: Denial of motion to dismiss COPP case against party not named in complaint not immediately appealable as issues are statutory/rule interpretation, not subject jurisdiction… order. [Read more…]
Medical records privacy, comp surveillance video
MEDICAL RECORDS PRIVACY: Letter from doctor to MSF expressing concern about surveillance video was authorized communication, not breach of privacy or physician/patient, not knowingly assisting in fraud prosecution… claims against doctor properly dismissed on summary judgment… Fagg affirmed. [Read more…]
Supreme Court, candidate eligibility
SUPREME COURT candidate’s admission to practice in 2005 satisfies Constitution requirement that a justice be “admitted to the practice of law in Montana for at least five years prior to the date of appointment or election” notwithstanding his choice to [Read more…]
Medical records privacy, surveillance concerns
MEDICAL RECORDS PRIVACY: Letter from physician to MSF expressing concern about surveillance video undermining what he was led to believe falls under authorized communication, not breach of privacy or physician/patient, not knowingly assisting in prosecution, claims against doctor dismissed on summary [Read more…]