Montana Law Week

The Weekly Digest of Montana Law

Breach of forbearance, seizure of funds, $26,374,576.13

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BREACH OF FORBEARANCE: $26,374,576.13 judgment for wrongful seizure of funds from start-up office products business affirmed EXCEPT $7,535,593.18 attorney fees erroneously awarded under Montana law when Michigan law does not allow contract reciprocity fees… Dayton affirmed, reversed. [Read more…]

Immigration, burglar arrestee, Border Patrol detainer

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IMMIGRATION: Burglar arrestee’s challenge of Border Patrol detainer request not moot after release from jail and into DHS custody… the detainer and jail’s actions in refusing release on bond constituted unauthorized arrest for civil immigration violation… Cuffe affirmed, reversed. [Read more…]

Police pay, unpaid longevity, other wage claims

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POLICE PAY: Judge Rieger correctly determined on remand after applying extrinsic evidence to ambiguous CBAs that Billings does not owe Officers unpaid longevity, but erred in dismissing without consideration other wage claims and related potential penalties/fees/costs… Rieger affirmed, reversed. [Read more…]

Insurance, $12 million confessed judgment, collusion

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INSURANCE: Confessed judgment of $12 million ($17 million with interest at 12%) against insurer that refused to defend properly found unreasonable and product of collusion between real estate developer’s 2 entities engaged in construction of his luxury home on Flathead Lake island, but collusion so egregious that proper remedy is dismissal in entirety rather than reduction to “reasonable amount” of $2,432,010… $925,619.87 attorney fees & costs improperly awarded under “inherent powers,” but awardable under UDJA… Eddy affirmed, reversed. [Read more…]

Taxes, religious school credit

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TAXES: Religious schools tax credit violates Art. X §6. . . DOR exceeded rulemaking authority in attempting to cure constitutional deficiency. . . Ulbricht reversed. [Read more…]