Volume 74, Issue 2 (2013) Summer 2013

Recent Significant Decisions

Absent wrongful conduct, an LLC member cannot be held jointly and severally liable for the obligations of the LLC--C.R. Weaver v. Tri-County Implement, Inc. 2013 MT 309

Failure to discover the accrual of a self-concealing claim in a complex transaction tolls the statute of limitations--Draggin' Y Cattle Co., Inc. v. Addink 2013 MT 319

Lay witness's uncorroborated testimony not enough to prove substance was marijuana--State v. Burwell 2013 MT 332

Conviction overturned despite ample proof; Highly inflammatory inadmissible evidence possibly contributed to the conviction--State v. Rodgers 2013 MT 221

Court balances employee's needs against employer's in retaliation and hostile work environment claim--Puskas v. Pine Hills Youth Correctional Facility 2013 MT 223

Survival damages belong to estate and are restricted to the decedent's heirs; Wrongful death damages hold no such restriction--In re Est. of Bennett 2013 MT 230

"Prisoner" in MCA 45-5-204 means a person whose liberty is restrained by law enforcement for any reason--State v. Madsen 2013 MT 281

Court looks to parties' mutual intention at time of contract formation to determine the intent of the contract--CNJ Distribg. Corp. v. D&F Farms, Inc. 2013 MT 267

Dist. Court's subject matter jurisdiction over estate of Tribal member domiciled outside of the Tribe didn't affect the Tribe's right to self govern--In re Est. of D.M. Gopher 2013 MT 264

Does the Wal-Mart commonality standard apply in Montana? Unclear--Jacobsen v. Allstate Ins. Co. 2013 MT 244