Volume 75, Issue 2 (2014) Summer 2014
Articles
Essays
Severing Ties: The Case For Indefinite Orders Of Protection For Survivors Of Domestic Violence
Kelly M. Driscoll
Mediator Certification: Should It Be Required In Montana?
Michelle Vanisko
Comment
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 309Failure 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