Volume 74, Issue 2
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