Montana Law Week

The Weekly Digest of Montana Law

Payroll software, licensing agreement, tort/contract

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PAYROLL SOFTWARE dispute properly resolved on summary judgment in favor of Defendant as to licensing agreement and in favor of Plaintiff on tort and contract counterclaims. . . Defendant’s 2nd motion to compel discovery properly denied as futile despite Plaintiff’s initial non-descriptive boilerplate and incomplete responses. . . no abuse of discretion in denying fees to Defendant based on contract or §27-8-313. . . Gustafson affirmed. [Read more…]

Ranch sharing agreement, hunting/agriculture/recreation

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RANCH SHARING AGREEMENT: Claims of parties who divided 6,000-acre ranch into parcels designated for hunting, agriculture, and recreation under shared-use agreements properly determined. . . mutual mistake claims not time-barred, extrinsic evidence properly considered in interpreting and reforming contract. . . Hayworth affirmed. [Read more…]

Partnership dissolution, family ranch

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PARTNERSHIP DISSOLUTION: Judicial dissolution of family ranch not necessary as partner’s interest was subject to Agreement’s buyout provisions… no jurisdiction to award fees following deemed-denied period… Huss reversed, affirmed as to dissolution; Hayworth reversed as to fees. [Read more…]

Foreclosure, challenge of banks’ interest

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FORECLOSURE: Homeowners have standing to challenge foreclosure because they were original grantors of beneficial interest created by MSTFA, but claim for declaration that banks hold no beneficial interest in the property and have no right to act as servicer of their loan or foreclose on it barred under 3-year statute for conversion of instrument (the Note)… Christensen. [Read more…]