Montana Supreme Court Decisions 2019
Date: December 31, 2019
Citation: 2019 MT 299
Docket Number: DA 19-0235
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court awarding attorney's fees to two media organizations after they secured for public release the names of three Billings police officers who were disciplined for…
Date: December 31, 2019
Citation: 2019 MT 298
Docket Number: DA 19-0238
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying the motion for summary judgment filed by Montana Independent Living Project (MILP) and granting the Montana Department of Transportation's (MDOT) motion…
Date: December 31, 2019
Citation: 2019 MT 297
Docket Number: OP 19-0283
Justia Opinion Summary: The Supreme Court answered in the negative a question certified to it by a federal district court regarding tension in case law between an insurer's duty to a third-party claimant and its duty to its insured. As a…
Date: December 24, 2019
Citation: 2019 MT 294
Docket Number: DA 19-0212
Justia Opinion Summary: The Supreme Court affirmed the order of the district court terminating Mother's parental rights to Child, holding that the district court did not abuse its discretion in terminating Mother's parental rights to…
Date: December 24, 2019
Citation: 2019 MT 293
Docket Number: DA 19-0324
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Daughters' motion to invalidate parts of Father's will in probate proceedings, holding that Daughters' claim was not properly brought in the probate…
Date: December 17, 2019
Citation: 1999 MT 263
Docket Number: DA 19-0248
Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellant's motion for attorney fees under either the private attorney general doctrine or Mont. Code Ann. 13-36-205, holding that the district court…
Date: December 17, 2019
Citation: 2019 MT 292
Docket Number: DA 17-0287
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court ordering restitution after convicting Defendant of embezzling money from her employer, holding that the district court did not violate Defendant's due process…
Date: December 17, 2019
Citation: 2019 MT 288
Docket Number: DA 18-0614
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court denying PointCentral, LLC's motion to dismiss third-party claims of Big Sky Vacation Rentals, Inc. (BSVR) pursuant to Mont. R. Civ. P. 12(b), holding that the…
Date: December 17, 2019
Citation: 2019 MT 290
Docket Number: DA 18-0686
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant's petition for postconviction relief, holding that Defendant did not meet his burden of establishing that he received ineffective assistance of…
Date: December 17, 2019
Citation: 2019 MT 289
Docket Number: DA 19-0001
Justia Opinion Summary: In this contract dispute, the Supreme Court affirmed the judgment of the district court awarding Flathead Management Partners (FMP) $191,876 in expectancy damages, holding that the district court did not err when it…
Date: December 10, 2019
Citation: 2019 MT 285
Docket Number: DA 18-0193
Justia Opinion Summary: The Supreme Court affirmed the jury verdict and sentence of the district court convicting Defendant of two counts of robbery, one count of conspiracy to commit deceptive practices as part of a common scheme or plan, and…
Date: December 10, 2019
Citation: 2019 MT 286
Docket Number: DA 18-0678
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that a common law marriage existed between the parties in this case and awarding spousal maintenance and child support and equitably dividing the…
Date: December 10, 2019
Citation: 2019 MT 284
Docket Number: DA 19-0137
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Jennifer Hansen's petition for dissolution of marriage on the basis that she failed to establish a common law marriage with Thomas Roffe, holding that…
Date: December 3, 2019
Citation: 2019 MT 280
Docket Number: DA 18-0602
Justia Opinion Summary: The Supreme Court reversed the district court's entry of summary judgment in favor of the Estate of Allen J. Longsoldier, Jr. declaring that Hill County was vicariously liable for the negligence of the Northern Montana…
Date: December 3, 2019
Citation: 2019 MT 279
Docket Number: DA 19-0206
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court terminating Father's rights to his two children, holding that the district court did not abuse its discretion. Specifically, the Court held (1) the district…
Date: November 26, 2019
Citation: 2019 MT 276
Docket Number: DA 19-0131
Justia Opinion Summary: The Supreme Court reversed the district court's order granting summary judgment to Arnold Bakie and determining that Mines Management, Inc.'s (MMI) use of an adit and underground tunnel traversing Defendants' unpatented…
Date: November 19, 2019
Citation: 2019 MT 275
Docket Number: DA 18-0400
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the Workers' Compensation Court (WCC) reversing in part and affirming in part the order of the Montana Department of Labor and Industry (DLI) directing…
Date: November 19, 2019
Citation: 2019 MT 273
Docket Number: DA 18-0568
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court determining that a regulation of the Great Falls/Cascade County City-County Board of Health (Board) was invalid, holding that the Board was entitled to…
Date: November 12, 2019
Citation: 2019 MT 266
Docket Number: DA 18-0072
Justia Opinion Summary: On appeal from a guilty plea to possessing 144 pounds of marijuana the Supreme Court remanded this case to the district court for recalculation of Defendant's fine, holding that Mont. Code Ann. 45-9-130(1) is facially…
Date: November 12, 2019
Citation: 2019 MT 269N
Docket Number: DA 19-0012
Date: November 12, 2019
Citation: 2019 MT 268
Docket Number: DA 19-0196
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court granting Daniel Boudette's motion to extinguish an Arizona Decree of Dissolution of Marriage that Tammy Boudette registered in Montana under the Uniform…
Date: November 12, 2019
Citation: 2019 MT 267
Docket Number: DA 19-0210
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court terminating Mother's parental rights to her three children, holding that the Department of Health and Human Services, Child and Family Services Division…
Date: November 5, 2019
Citation: 2010 MT 237
Docket Numbers: DA 10-0070, DA 19-0124
Date: November 5, 2019
Citation: 2019 MT 264
Docket Number: DA 18-0360
Justia Opinion Summary: The Supreme Court reversed the order of the district court affirming the judgment of the municipal court denying Defendant's motions to suppress evidence, holding that the municipal court erred when it determined that a…
Date: October 29, 2019
Citation: 2019 MT 262N
Docket Number: DA 18-0691
Date: October 29, 2019
Citation: 2019 MT 255
Docket Number: DA 19-0014
Justia Opinion Summary: In this appeal concerning whether the district court properly determined that the City of Billings (City) did not owe unpaid longevity or other unpaid wages to its police officers (Officers) the Supreme Court affirmed…
Date: October 29, 2019
Citation: 2019 MT 256
Docket Number: DA 19-0154
Justia Opinion Summary: The Supreme Court reversed the order of the district court terminating Father's parental rights to Child, holding that the record did not support that the Department of Public Health and Human Services, Child and Family…
Date: October 29, 2019
Citation: 2019 MT 257N
Docket Number: DA 19-0232
Date: October 22, 2019
Citation: 2017 MT 161N
Docket Numbers: DA 16-0723, DA 19-0015
Date: October 22, 2019
Citation: 2019 MT 252
Docket Number: DA 17-0497
Justia Opinion Summary: In this appeal challenging a criminal sentence the Supreme Court remanded for entry of an amended judgment, holding that Defendant was entitled to twenty-two days credit for twenty-two days he served in Silver Bow…
Date: October 22, 2019
Citation: 2019 MT 250
Docket Number: DA 18-0672
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court entering summary judgment in favor of the City of Missoula declaring that a city ordinance was not prohibited under Montana law, holding that the district…
Date: October 22, 2019
Citation: 2019 MT 254
Docket Number: DA 19-0160
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court concluding that each party in this case held an express easement over the other's property based on their predecessor's easement agreement and that…
Date: October 22, 2019
Citation: 2019 MT 251
Docket Number: DA 19-0168
Justia Opinion Summary: The Supreme Court affirmed the district court's denial of Rose Everett-Martin's motion to set aside the jury's verdict of trespassing, holding that the district court did not err in entering a judgment granting equitable…
Date: October 15, 2019
Citation: 2019 MT 246N
Docket Number: DA 18-0687
Date: October 15, 2019
Citation: 2019 MT 244
Docket Number: DA 19-0102
Justia Opinion Summary: In this medical malpractice action, the Supreme Court affirmed the district court's order denying Plaintiff's renewed motion for judgment as a matter of law and motion for new trial, holding that the district court…
Date: October 15, 2019
Citation: 2019 MT 243
Docket Number: DA 19-0112
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting the motion to dismiss filed by the City of Bozeman, holding that Mont. Code Ann. 85-2-114 does not provide an implied private right of action for…
Date: October 15, 2019
Citation: 2019 MT 247N
Docket Number: DA 19-0217
Date: October 7, 2019
Citation: 2019 MT 237
Docket Number: DA 17-0273
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant of criminal endangerment, holding that the court abused its discretion when it allowed evidence of Defendant's prior criminal…
Date: October 1, 2019
Citation: 2019 MT 231
Docket Number: DA 17-0346
Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of incest, holding that the district court abused its discretion by allowing the jury to hear during deliberations portions of a victim's taped forensic interview after…
Date: October 1, 2019
Citation: 2019 MT 236
Docket Number: DA 18-0607
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellants' request to recover assets for the Estate of Edward M. Boland and imposing sanctions on the basis that the allegations of bias made against…
Date: October 1, 2019
Citation: 2019 MT 235
Docket Number: DA 19-0156
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Appellant's complaint for failure to state a claim, holding that Appellant failed to prove a set of facts in support of his claim. While detained in…
Date: September 24, 2019
Citation: 2019 MT 230N
Docket Number: DA 18-0338
Date: September 24, 2019
Citation: 2019 MT 227
Docket Number: DA 18-0587
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court terminating Mother's parental rights to her child, holding that the district court did not err by concluding that the Department of Public Health and Human…
Date: September 24, 2019
Citation: 2019 MT 226
Docket Number: DA 18-0630
Justia Opinion Summary: The Supreme Court affirmed the district court's grant of summary judgment in favor of Wells Fargo Bank, N.A. and dismissing Plaintiff's claims for, inter alia, breach of contract and negligence, holding that Wells Fargo…
Date: September 24, 2019
Citation: 2019 MT 229
Docket Number: DA 19-0072
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court distributing assets from the Estate of Della L. Ankrum and the Harold Ankrum Trust to Della and Harold's three children, holding that the district court…
Date: September 24, 2019
Citation: 2019 MT 228
Docket Number: DA 19-0104
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court concluding that Whitefish Congregation of Jehovah's Witnesses, Inc. (the Congregation) had a valid, enforceable easement across the property owned by Giuseppe…
Date: September 17, 2019
Citation: 2019 MT 220
Docket Number: DA 17-0400
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court finding Defendant guilty of felony sexual assault, holding that counsel was ineffective when he failed to object to an instruction that a person under the age…
Date: September 17, 2019
Citation: 2019 MT 221N
Docket Number: DA 18-0601
Date: September 17, 2019
Citation: 2019 MT 219
Docket Number: DA 19-0007
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming in part and reversing in part a decision of the Department of Labor and Industry's Office of Administrative Hearings on Elizabeth Mays' wage claim…
Date: September 10, 2019
Citation: 2019 MT 215
Docket Number: DA 17-0536
Justia Opinion Summary: The Supreme Court reversed the order of the district court denying the petition filed by the Department of Public Health and Human Services to modify Kevin Capser's sentence, holding that the court's decision to deny the…
Date: September 10, 2019
Citation: 2019 MT 214
Docket Number: DA 17-0685
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for attempted deliberate homicide, aggravated burglary, and tampering with or fabricating evidence, holding that there was no prejudicial error in the…
Date: September 10, 2019
Citation: 2019 MT 216
Docket Number: DA 17-0720
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting and sentencing Defendant for felony sexual assault without consent, holding that the district court abused its discretion by not continuing the…
Date: September 10, 2019
Citation: 2019 MT 213
Docket Number: DA 18-0110
Justia Opinion Summary: The Supreme Court reversed the decision of the district court ruling that the Department of Environmental Quality (DEQ) had illegally renewed a permit allowing Western Energy Company to discharge rain and snow water into…
Date: September 10, 2019
Citation: 2019 MT 213
Docket Number: DA 18-0110
Date: September 3, 2019
Citation: 2019 MT 209
Docket Number: DA 17-0080
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming the municipal court's judgments of conviction on jury trial of misdemeanor criminal trespass, assault, resisting arrest, and obstructing a peace…
Date: September 3, 2019
Citation: 2019 MT 210
Docket Number: DA 17-0196
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding Defendant guilty of deliberate homicide, holding that Defendant was not entitled to his relief on his argument that defense counsel was…
Date: September 3, 2019
Citation: 2019 MT 208
Docket Number: DA 18-0503
Justia Opinion Summary: In this insurance dispute the Supreme Court reversed in part the district court's determination that Carla King was not entitled to her taxable costs and her claimed nontaxable costs after a jury found in favor of King,…
Date: August 27, 2019
Citation: 2019 MT 205
Docket Number: DA 18-0540
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Vision Net, Inc.'s motion for summary judgment and granting summary judgment to the Montana Department of Revenue (DOR), holding that the district court…
Date: August 20, 2019
Citation: 2019 MT 198
Docket Number: DA 16-0473
Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of deliberate homicide for the death of his wife, Kathryn, fifteen years earlier, holding that the district court abused its discretion in admitting a deceased forensic…
Date: August 20, 2019
Citation: 2019 MT 201
Docket Number: DA 17-0529
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for aggravated assault, aggravated kidnapping, tampering with a witness, and misdemeanor assault, holding that Defendant failed to identify any errors in the proceedings…
Date: August 20, 2019
Citation: 2019 MT 200
Docket Number: DA 18-0047
Justia Opinion Summary: The Supreme Court affirmed the order of the district court on remand issuing financial sanctions against the State for discovery abuse and denying Appellant's request for a new trial, holding that the district court did…
Date: August 20, 2019
Citation: 2019 MT 199
Docket Number: DA 18-0679
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court's order enjoining the Montana Department of Public Service Regulation (PSC) from propounding discovery in a dispute between Republic Services of…
Date: August 13, 2019
Citation: 2019 MT 191
Docket Number: DA 17-0413
Justia Opinion Summary: The Supreme Court reversed a portion of the order of the district court ordering Defendant to pay $25,835.37 in restitution to his former employer after he pleaded no contest to theft of property by embezzlement, holding…
Date: August 13, 2019
Citation: 2019 MT 192
Docket Number: DA 17-0454
Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of negligent homicide, holding that Defendant's trial counsel rendered ineffective assistance of counsel by failing to serve a subpoena upon or otherwise preserve the…
Date: August 13, 2019
Citation: 2019 MT 190
Docket Number: DA 18-0156
Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of sexual intercourse without consent, burglary, and sexual assault, holding that the district court abused its discretion by denying Defendant's motion to strike juror…
Date: August 13, 2019
Citation: 2019 MT 189
Docket Number: DA 18-0711
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court terminating Father's parental rights, holding that Father's due process rights were infringed by ineffective assistance of counsel resulting in his parental…
Date: August 6, 2019
Citation: 2019 MT 187N
Docket Number: DA 17-0145
Date: August 6, 2019
Citation: 2019 MT 180
Docket Number: DA 17-0742
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of two counts of incest, holding that the district court did not abuse its discretion by denying Defendant's for-cause challenge of a prospective juror during voir…
Date: August 6, 2019
Citation: 2019 MT 184N
Docket Number: DA 18-0450
Date: August 6, 2019
Citation: 2019 MT 179
Docket Number: DA 18-0494
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting Defendants summary judgment and concluding that Elk Valley Road burdened Lots 70 and 71 to the benefit of other subdivision lot owners for ingress…
Date: August 6, 2019
Citation: 2019 MT 181
Docket Number: DA 18-0608
Justia Opinion Summary: The Supreme Court reversed the order of the district court granting the motion of the Sandra L. Farber Trust (Farber) to enforce the parties' punitive settlement agreement and denying Karen Jarussi's cross-motion for…
Date: August 6, 2019
Citation: 2019 MT 182
Docket Number: DA 18-0627
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment in favor of Barbara Needham in her capacity as the personal representative of the Estate of Charles Kelly Kluver (Estate) and denying…
Date: August 6, 2019
Citation: 2019 MT 183
Docket Number: DA 19-0043
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's motion to transfer venue to Flathead County, holding that the venue provisions of the Montana Uniform Trust Code (MUTC), Mont. Code Ann.…
Date: July 30, 2019
Citation: 2013 MT 373
Docket Number: DA 18-0552
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the orders of the district court certifying three classes to proceed in a lawsuit against the University of Montana, holding that the district court abused its…
Date: July 30, 2019
Citation: 2019 MT 172
Docket Number: DA 17-0348
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court finding Appellant guilty of attempted sexual intercourse without consent, a felony, holding that the district court erred by applying Montana's Rape Shield…
Date: July 30, 2019
Citation: 2019 MT 173
Docket Number: DA 18-0493
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court denying the motion to compel arbitration filed by Edwards Jones & Company, Jeremy Kientz, and Nick Ferranto (collectively, Edwards Jones) of post-termination…
Date: July 30, 2019
Citation: 2019 MT 174
Docket Number: DA 18-0697
Justia Opinion Summary: The Supreme Court affirmed the order entered by the Montana Water Court determining the volume of water to which the City of Fort Peck was entitled pursuant to its Claim 40E 182897-00 in Missouri River Basin between the…
Date: July 23, 2019
Citation: 2019 MT 165
Docket Number: DA 17-0120
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant for felony aggravated kidnapping and misdemeanor partner family member assault, holding that the district court committed reversible…
Date: July 23, 2019
Citation: 2019 MT 163
Docket Number: DA 18-0480
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the district court granting a motion to dismiss in favor of Defendant on Plaintiff's action seeking a declaratory judgment and asserting that…
Date: July 23, 2019
Citation: 2019 MT 164
Docket Number: DA 18-0498
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court finding Defendants strictly liable for the breach of a pond on their property and awarding damages to Plaintiffs, holding that the district court did not err or…
Date: July 16, 2019
Citation: 2019 MT 161
Docket Number: DA 18-0372
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying a complaint and petition for release of confidential criminal justice information (CCJI), holding that the court did not err in denying the petition for…
Date: July 16, 2019
Citation: 2019 MT 160
Docket Number: DA 18-0594
Justia Opinion Summary: The Supreme Court affirmed the decision of the Workers' Compensation Court (WCC) granting summary judgment to Indemnity Insurance Company of North America on Brian Richardson's petition arguing that he was entitled to…
Date: July 9, 2019
Citation: 2010 MT 291
Docket Number: DA 18-0508
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing the third-party complaint filed by HRC Two Rivers LLC and HRC Cottages Inc. (collectively, the General Partners) against Aultco Construction Inc. as…
Date: July 9, 2019
Citation: 2019 MT 155
Docket Number: DA 17-0602
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court sentencing Defendant under the 2015 persistent felony offender (PFO) statute in effect at the time Defendant committed his offense, holding that the district…
Date: July 9, 2019
Citation: 2019 MT 154
Docket Number: DA 18-0509
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Landowners' petition for writ of review asserting that the Ravalli County Board of County Commissioners exceeded its jurisdiction to grant or deny…
Date: July 9, 2019
Citation: 2019 MT 156
Docket Number: DA 18-0541
Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Exxon Mobil Corporation's (ExxonMobil) petition for interlocutory adjudication and affirming the Department of Revenue's determination that ExxonMobil…
Date: July 3, 2019
Citation: 2019 MT 153
Docket Numbers: DA 15-0502, DA 18-0374
Date: July 3, 2019
Citation: 2016 MT 230
Docket Number: DA 18-0374
Justia Opinion Summary: The Supreme Court reversed the order of the district court granting Plaintiff's motion to release John Doe's educational records, holding that the district court erred in concluding that Doe had no expectation of privacy…
Date: July 2, 2019
Citation: 2019 MT 151
Docket Number: DA 18-0084
Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellant's motion to dismiss based on a finding that law enforcement had the requisite particularized suspicion to initiate a traffic stop, holding that…
Date: July 2, 2019
Citation: 2019 MT 147
Docket Number: DA 18-0366
Justia Opinion Summary: In this case challenging the approval of a permit to build a bridge on certain property the Supreme Court affirmed the order of the district court entering judgment in favor of Community Association for North Shore…
Date: July 2, 2019
Citation: 2019 MT 152
Docket Number: DA 18-0429
Justia Opinion Summary: The Supreme Court affirmed the decree of dissolution issued by the district court, holding that the district court had jurisdiction to divide a portion of the proceeds from Shannon Moore's California personal injury…
Date: July 2, 2019
Citation: 2019 MT 150
Docket Number: DA 18-0629
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Ford Motor Company's motion to change venue in this case alleging claims for strict liability for design defects, strict liability for failure to warn,…
Date: June 25, 2019
Citation: 2019 MT 142
Docket Number: DA 18-0386
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting Plaintiff's motion for judgment on the pleadings, holding that the district court did not err in granting Plaintiff's motion for judgment on the…
Date: June 25, 2019
Citation: 2019 MT 144N
Docket Number: DA 18-0581
Date: June 18, 2019
Citation: 2019 MT 141
Docket Number: DA 18-0351
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's petition to reinstate his driver's license after it was suspended following his refusal to submit to a post-arrest blood or breath test under…
Date: June 11, 2019
Citation: 2019 MT 136
Docket Number: DA 18-0436
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing the amended complaint filed by Employers Mutual Casualty Company against Continental Resources, Inc., holding that the district court erred as a…
Date: June 11, 2019
Citation: 2019 MT 138N
Docket Number: DA 18-0595
Date: June 4, 2019
Citation: 2013 MT 168
Docket Number: DA 16-0445
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the district court affirming the decision and sentence of the municipal court finding Defendant guilty of partner of family member assault (PFMA) and…
Date: June 4, 2019
Citation: 2019 MT 125
Docket Number: DA 16-0399
Justia Opinion Summary: The Supreme Court affirmed the order of the district court convicting Defendant of evidence tampering and deliberate homicide, holding that investigating officers had a reasonable suspicion of exigent circumstances…
Date: June 4, 2019
Citation: 2019 MT 127
Docket Number: DA 16-0565
Justia Opinion Summary: The Supreme Court reversed the district court's order denying Defendant's motion to dismiss for violation of his right to a speedy trial, holding that the 422-delay in resolving Defendant's felony driving under the…
Date: June 4, 2019
Citation: 2019 MT 128
Docket Number: DA 17-0430
Justia Opinion Summary: The Supreme Court reversed the decision of the district court affirming the judgment of the justice court convicting Defendant of aggravated driving under the influence (DUI), holding that the justice court erred by…
Date: June 4, 2019
Citation: 2019 MT 130
Docket Number: DA 18-0151
Justia Opinion Summary: The Supreme Court affirmed the district court's decree of dissolution of the marriage between Sonia Frank and Brian Frank, distributing marital assets, and awarding Sonia five years of spousal maintenance, holding that…
Date: June 4, 2019
Citation: 2019 MT 132
Docket Number: DA 18-0407
Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Plaintiffs' motion for summary judgment in this case alleging a violation of Article 9A of Montana's adopted version of the Uniform Commercial Code…
Date: June 4, 2019
Citation: 2019 MT 131
Docket Number: DA 18-0564
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the final agency decision issued by the Montana Human Rights Commission (HRC) finding that Jerry James Bright was subjected to racial discrimination in…
Date: June 4, 2019
Citation: 2019 MT 129
Docket Number: DA 19-0010
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court terminating Father's parental rights to Child, holding that Father was not denied due process and that his treatment plan was appropriate. In terminating…
Date: May 28, 2019
Citation: 2019 MT 119
Docket Number: DA 18-0043
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court's award of prejudgment interest on a sum Pamela Fossen was directed to pay in a marriage dissolution action and the court's award of attorney…
Date: May 14, 2019
Citation: 2019 MT 111
Docket Number: DA 18-0120
Justia Opinion Summary: In this action brought by Lisa Warrington bringing claims for breach of contract, breach of the covenant of good faith and fair dealing, and promissory estoppel the Supreme Court affirmed the district court's order…
Date: May 14, 2019
Citation: 2019 MT 110
Docket Number: DA 18-0413
Justia Opinion Summary: The Supreme Court affirmed the order of the Montana Water Court holding that Appellants failed to prove a long period of continuous nonuse and therefore failed to show Claimant or his predecessors' presumed intent to…
Date: May 14, 2019
Citation: 2019 MT 113
Docket Number: DA 18-0505
Justia Opinion Summary: The Supreme Court reversed the order of the district court terminating Mother's parental rights to Child and remanded for the Montana Department of Health and Human Services, Child and Family Services Division…
Date: May 14, 2019
Citation: 2019 MT 112
Docket Number: DA 18-0526
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant's motions to suppress, holding that the district court reached the right result even if for the wrong reason. Defendant pled guilty to…
Date: May 7, 2019
Citation: 2019 MT 108
Docket Number: DA 17-0240
Justia Opinion Summary: The Supreme Court reversed the decision of the district court denying Defendant's motion to dismiss or for new trial in the alternative, holding that the district court abused its discretion when it determined that the…
Date: May 7, 2019
Citation: 2019 MT 105
Docket Number: DA 17-0456
Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of aggravated assault and remanded the case for dismissal without prejudice, holding that the district court erred by denying Defendant's motion to dismiss for…
Date: May 7, 2019
Citation: 2019 MT 109N
Docket Number: DA 18-0347
Date: April 30, 2019
Citation: 2019 MT 100
Docket Number: DA 17-0197
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court affirming Defendant's sentence, including conditions restricting Defendant's contact with minors upon his release, holding that the court abused its…
Date: April 30, 2019
Citation: 2019 MT 99
Docket Number: DA 17-0717
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding Defendant guilty of criminal possession of dangerous drugs and drug paraphernalia and driving under the influence of alcohol or drugs (DUI), holding…
Date: April 30, 2019
Citation: 2019 MT 101
Docket Number: DA 18-0382
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment to Defendants in this putative class action seeking a declaratory judgment that the Montana Retail Installment Sales Act (RISA), Mont.…
Date: April 26, 2019
Citation: 2019 MT 98
Docket Number: DA 18-0308
Justia Opinion Summary: The Supreme Court upheld a district judge's order temporarily permitting qualified advanced practice registered nurses (APRNs) to perform outpatient early-term abortions while the APRNs challenge the constitutionality of…
Date: April 24, 2019
Citation: 2013 MT 319
Docket Number: DA 17-0731
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court determining that a stipulated settlement entered into by the parties was reasonable, holding that a stipulated settlement entered without the consent of an…
Date: April 23, 2019
Citation: 2019 MT 93
Docket Number: DA 16-0753
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of one count of deliberate homicide and two counts of attempted deliberate homicide, holding that Defendant's ineffective assistance of counsel claim was not…
Date: April 9, 2019
Citation: 2019 MT 84
Docket Number: DA 18-0117
Justia Opinion Summary: The Supreme Court affirmed the orders of the district court granting summary judgment to the State of Montana Department of Environmental Quality (DEQ), Birk Engineering and Bret A. Birk (Birks) and Flathead County on…
Date: April 9, 2019
Citation: 2019 MT 82
Docket Number: DA 18-0290
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Plaintiff's motion to suppress evidence that was obtained when a highway patrol trooper, after noticing Plaintiff's vehicle parked on the side of the…
Date: April 9, 2019
Citation: 2019 MT 80
Docket Number: DA 18-0421
Justia Opinion Summary: The Supreme Court reversed the order of the district court granting summary judgment on Plaintiff's claim to an accounting and recovery of surplus proceeds on the resale of her mobile home after she returned it to RJC…
Date: April 9, 2019
Citation: 2019 MT 81
Docket Number: DA 18-0462
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying summary judgment for Upper Missouri Waterkeeper, granting the cross-motions for summary judgment of Montana Department of Environmental Quality (DEQ) and…
Date: April 9, 2019
Citation: 2019 MT 83
Docket Number: DA 18-0575
Justia Opinion Summary: In this case concerning a boundary realignment agreement entered into between the parties in this case, the Supreme Court affirmed the order of the district court granting specific performance of a contract to Plaintiff,…
Date: April 2, 2019
Citation: 2016 MT 239
Docket Numbers: DA 15-0612, DA 18-0230
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming the Public Service Commission's final order granting L&L Site Services, Inc.'s application for a Class D motor carrier certificate of public…
Date: April 2, 2019
Citation: 2019 MT 78
Docket Number: DA 17-0573
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Appellant's petition for post conviction relief without an evidentiary hearing, holding that the district court correctly determined that Appellant's…
Date: March 26, 2019
Citation: 2019 MT 71
Docket Number: DA 18-0324
Justia Opinion Summary: The Supreme Court reversed the order of the district court awarding attorney's fees to TCH Builders and Remodeling, holding that the district court abused its discretion by assessing all of TCH's attorney fees against…
Date: March 26, 2019
Citation: 2019 MT 73
Docket Number: DA 18-0412
Justia Opinion Summary: The Supreme Court reversed the order of the district court that denied Mother's motion to set aside her earlier conditional relinquishment of parental rights, terminated her parental rights, and granted permanent legal…
Date: March 26, 2019
Citation: 2019 MT 72
Docket Number: OP 18-0373
Justia Opinion Summary: The Supreme Court accepted a question certified to it by the United States District Court for the District of Montana to address an Estate's third-party claim to stacked liability limits in an aircraft insurance policy…
Date: March 26, 2019
Citation: 2019 MT 74
Docket Number: OP 18-0440
Justia Opinion Summary: The Supreme Court denied Petitioner's petition for a writ of habeas corpus asserting that he was entitled to relief because he entered an "Alford plea" to sexual assault and solicitation for sexual assault in violation…
Date: March 20, 2019
Citation: 2019 MT 69
Docket Number: DA 17-0440
Justia Opinion Summary: The Supreme Court affirmed the order of the district court upholding the denial of Defendant’s motion to dismiss her driving under the influence (DUI) charge, holding that Montana’s statutory protections against double…
Date: March 19, 2019
Citation: 2019 MT 68
Docket Number: DA 17-0194
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant of offense of partner or family member assault, holding that the district court abused its discretion in denying Defendant’s motion to…
Date: March 19, 2019
Citation: 2019 MT 60
Docket Number: DA 17-0469
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of two counts of criminal endangerment, one count of driving under the influence of alcohol, and one count of open container violation, holding that the district court…
Date: March 19, 2019
Citation: 2019 MT 62
Docket Number: DA 17-0609
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court imposing a two-year suspended sentence in connection with Defendant’s conviction, holding that the district court correctly determined that Mont. Code Ann.…
Date: March 19, 2019
Citation: 2019 MT 64N
Docket Number: DA 17-0749
Date: March 19, 2019
Citation: 2019 MT 63
Docket Number: DA 18-0181
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court terminating Mother’s and Father’s parental rights to J.D., holding that although the district court abused its discretion by issuing a subpoena for privileged…
Date: March 19, 2019
Citation: 2019 MT 61
Docket Number: DA 18-0274
Justia Opinion Summary: The Supreme Court affirmed the order of the district court terminating Mother’s parental rights to her child, S.C.L., holding that the district court did not abuse its discretion in finding that Mother did not overcome…
Date: March 19, 2019
Citation: 2019 MT 67
Docket Number: DA 18-0437
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting a preliminary injunction in favor of Defendants in this dispute over certain property, holding that the district court did not err by granting the…
Date: March 12, 2019
Citation: 2019 MT 57
Docket Number: DA 17-0567
Justia Opinion Summary: The Supreme Court affirmed the order of the district court extending B.A.F.’s commitment to the Montana Mental Health Nursing Care Center, holding that the requirements of Mont. Code Ann. 53-21-119(1) did not apply when…
Date: March 12, 2019
Citation: 2019 MT 58
Docket Number: DA 18-0182
Justia Opinion Summary: The Supreme Court reversed the order of the district court, which concluded that Soup Creek Road was an extinguished prescriptive easement across the parcel of land owned by Plaintiffs - Soup Creek, LLC, Dewey Skelton,…
Date: March 6, 2019
Citation: 2019 MT 56
Docket Number: DA 17-0576
Justia Opinion Summary: The Supreme Court reversed Defendant’s conviction on the misdemeanor offenses of negligent endangerment and reckless driving in the municipal court, holding that the municipal court erred in refusing to instruct the jury…
Date: March 6, 2019
Citation: 2019 MT 56
Docket Number: DA 17-0576
Date: February 28, 2019
Citation: 2019 MT 50
Docket Number: OP 18-0599
Justia Opinion Summary: The Supreme Court assumed original jurisdiction over the issue presented in this case and held that the plain and ordinary meaning of “land acquisition” per Mont. Code Ann. 87-1-209(1) does not encompass conservation…
Date: February 26, 2019
Citation: 2019 MT 49
Docket Number: DA 17-0510
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of three felony counts of aggravated animal cruelty, five felony counts of cruelty to animals, and a misdemeanor count of cruelty to animals, holding that the district…
Date: February 26, 2019
Citation: 2019 MT 48
Docket Number: DA 18-0050
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment specifically enforcing post-auction real property buy-sell agreements between Sellers and respective auction purchasers, Buyers,…
Date: February 21, 2019
Citation: 2019 MT 47
Docket Number: DA 18-0188
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court terminating Mother’s parental rights to her two minor children for failure to comply with a reunification-oriented treatment plan, holding that the district…
Date: February 19, 2019
Citation: 2019 MT 44
Docket Number: DA 17-0520
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court designating Defendant a repeat persistent felony offender (PFO) and sentencing him as a repeat PFO under Mont. Code Ann. 46-18-502(2), holding that there was…
Date: February 12, 2019
Citation: 2019 MT 37
Docket Number: DA 17-0059
Justia Opinion Summary: The Supreme Court affirmed the jury verdict and sentencing order of the district court finding Appellant guilty of criminal possession of dangerous drugs, holding that there was no error that required reversal of…
Date: February 12, 2019
Citation: 2019 MT 34
Docket Number: DA 17-0195
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of felony aggravated assault, holding that the district court did not abuse its discretion by denying Appellant’s request for substitution of counsel. Appellant in this…
Date: February 12, 2019
Citation: 2019 MT 36
Docket Number: DA 17-0334
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Appellant’s motion to suppress, holding that the denial of Appellant’s motion to suppress was not erroneous. Defendant was charged with criminal…
Date: February 12, 2019
Citation: 2019 MT 38
Docket Number: DA 17-0745
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for two counts of criminal possession of drug paraphernalia, holding that Defendant was not entitled to a protection from prosecution through the Montana Marijuana Act…
Date: February 12, 2019
Citation: 2019 MT 35
Docket Number: DA 18-0025
Justia Opinion Summary: The Supreme Court affirmed the judgment of the Montana district court temporarily suspending a previously imposed parenting plan for L.G.B., a minor child, holding that the district court did not erroneously grant and…
Date: February 12, 2019
Citation: 2019 MT 41
Docket Number: DA 18-0208
Justia Opinion Summary: The Supreme Court reversed the decision of the district court granting summary judgment in favor of RJC Investment, Inc. on Deneige Kapor’s complaint alleging that RJC failed to pay her the surplus allegedly realized on…
Date: February 12, 2019
Citation: 2019 MT 42
Docket Number: DA 18-0265
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the Montana Department of Labor and Industry’s Human Rights Bureau’s (HRB) decision concluding that Ronis Bollinger was properly terminated from her…
Date: February 7, 2019
Citation: 2019 MT 33
Docket Number: DA 17-0141
Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Defendant’s motion to set aside the jury verdict in his case and grant him a new trial, holding that the district court correctly concluded that the interests of…
Date: February 5, 2019
Citation: 2019 MT 30
Docket Number: DA 18-0249
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the district court granting summary judgment in favor of Anaconda-Deer Lodge County in this dispute over the status of a road, holding that the…
Date: February 5, 2019
Citation: 2019 MT 31
Docket Number: DA 18-0270
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of driving under the influence of alcohol or drugs, holding that there was no error in the court below that warranted reversal of the conviction. Specifically, the Court…
Date: January 30, 2019
Citation: 2019 MT 28
Docket Number: DA 18-0414
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court invalidating the Secretary of State Corey Stapleton’s (Secretary) act of certifying the eligibility of the Montana Green Party to nominate candidates for…
Date: January 29, 2019
Citation: 2019 MT 19
Docket Number: DA 17-0705
Justia Opinion Summary: The Supreme Court affirmed the findings of the district court that a confessed judgment was unreasonable and the product of collusion, and, on the basis of these findings, reversed and remanded the district court’s…
Date: January 29, 2019
Citation: 2019 MT 20
Docket Number: DA 18-0076
Justia Opinion Summary: In this dispute over the distribution of settlement proceeds that arose out of litigation regarding the Pine Creek Fire in August 2012, the Supreme Court affirmed the order of the district court approving the special…
Date: January 22, 2019
Citation: 2019 MT 14
Docket Number: DA 16-0016
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant for failure of sexual offender to provide notice of change of residence, holding that the district court abused its discretion by…
Date: January 22, 2019
Citation: 2019 MT 18
Docket Number: DA 18-0195
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming the order of the standing master denying Mother’s request to relocate with the parties’ child and ordering the parenting plan, which provided for…
Date: January 15, 2019
Citation: 2019 MT 10
Docket Number: DA 17-0537
Justia Opinion Summary: The Supreme Court affirmed the order of the district court awarding punitive damages against Farmers State Financial Corporation for fraudulent stock conversion, holding that there was no error. Specifically, the Court…
Date: January 8, 2019
Citation: 2019 MT 2
Docket Number: DA 18-0313
Justia Opinion Summary: The Supreme Court reversed the order and decree of adoption issued by the district court terminating Father’s parental rights and ordering the adoption of his minor daughter, L.F.R., by her stepfather, K.J.D., holding…
Date: January 2, 2019
Citation: 2019 MT 1
Docket Number: DA 18-0150
Justia Opinion Summary: The Supreme Court affirmed the order of the district court amending the parenting plan of Mother and Father, holding that the district court did not err in amending the parties’ parenting plan. On appeal, Mother argued…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
