cognizable legal claim (Montana) · Go Syfert
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cognizable legal claim in Montana

5 Montana opinions name it 1 courts 2017–2025 4 in the last five years

The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Mysse v. Martensgreen
mont · 1996 · cited in 3 Montana opinions naming this issue, 2017–2025
2 sentences

2025See also Ryan v. City of Bozeman, 279 Mont. 507, 511-13 , 928 P.2d 228, 230-32 (1996) (claimant burden to “adequately plead a cause of action”); Mysse v. Martens, 279 Mont. 253, 266 , 926 P.2d 765, 773 (1996) (complaint must state factual basis of all elements of a cognizable legal claim); M.

2025See also Ryan v. City of Bozeman, 279 Mont. 507, 511-13 , 928 P.2d 228, 230-32 (1996) (claimant burden to “adequately plead a cause of action”); Mysse v. Martens, 279 Mont. 253, 266 , 926 P.2d 765, 773 (1996) (complaint must state factual basis of all elements of a cognizable legal claim); M.

33
Ryan v. City of Bozemangreen
mont · 1996 · cited in 3 Montana opinions naming this issue, 2017–2025
2 sentences

2025See also Ryan v. City of Bozeman, 279 Mont. 507, 511-13 , 928 P.2d 228, 230-32 (1996) (claimant burden to “adequately plead a cause of action”); Mysse v. Martens, 279 Mont. 253, 266 , 926 P.2d 765, 773 (1996) (complaint must state factual basis of all elements of a cognizable legal claim); M.

2025See also Ryan v. City of Bozeman, 279 Mont. 507, 511-13 , 928 P.2d 228, 230-32 (1996) (claimant burden to “adequately plead a cause of action”); Mysse v. Martens, 279 Mont. 253, 266 , 926 P.2d 765, 773 (1996) (complaint must state factual basis of all elements of a cognizable legal claim); M.

33
Gottlob v. DesRosiergreen
mont · 2020 · cited in 2 Montana opinions naming this issue, 2023–2023
2 sentences

2023See Gottlob v. DesRosier, 2020 MT 210, ¶¶ 7-10 , 401 Mont. 50 , 470 P.3d 188 (distinguishing Rule 12(b)(1) subject matter jurisdiction challenge from Rule 12(b)(6) substantive cognizability challenge); Larson v. State, 2019 MT 28, ¶¶ 17-19 , 394 Mont. 167 , 434 P.3d 241 (distinguishing between subject matter jurisdiction to adjudicate a particular type of claim, justiciability as a “prerequisite to the initial and continued exercise of [subject matter] jurisdiction,” and substantive cognizability of claim at issue—emphasis added); Larson, ¶¶ 45-46 (“[s]tanding is a threshold requirement of jus

2023See Gottlob v. DesRosier, 2020 MT 210, ¶¶ 7-10 , 401 Mont. 50 , 470 P.3d 188 (distinguishing Rule 12(b)(1) subject matter jurisdiction challenge from Rule 12(b)(6) substantive cognizability challenge); Larson v. State, 2019 MT 28, ¶¶ 17-19 , 394 Mont. 167 , 434 P.3d 241 (distinguishing between subject matter jurisdiction to adjudicate a particular type of claim, justiciability as a “prerequisite to the initial and continued exercise of [subject matter] jurisdiction,” and substantive cognizability of claim at issue—emphasis added); Larson, ¶¶ 45-46 (“[s]tanding is a threshold requirement of jus

22
In Re LFAgreen
mont · 2009 · cited in 2 Montana opinions naming this issue, 2023–2023
2 sentences

2023See similarly In re L.F.A., 2009 MT 363 , ¶ 16, 353 Mont. 220 , 220 P.3d 391 (§§ 40-4-211 and -228, MCA, “place clear restrictions on the circumstances under which a nonparent may claim a child-parent relationship . . . and bring a parenting plan action”). 18 As implicated in D.A.H., ¶¶ 8-14, § 40-4-211(1) and (4), MCA, manifests the subtle but critically important analytical distinctions between subject matter jurisdiction (whether court has the power and authority to adjudicate a particular type of substantive claim at issue), standing (whether the subject claimant is a proper party to asser

2023See similarly In re L.F.A., 2009 MT 363 , ¶ 16, 353 Mont. 220 , 220 P.3d 391 (§§ 40-4-211 and -228, MCA, “place clear restrictions on the circumstances under which a nonparent may claim a child-parent relationship . . . and bring a parenting plan action”). 18 As implicated in D.A.H., ¶¶ 8-14, § 40-4-211(1) and (4), MCA, manifests the subtle but critically important analytical distinctions between subject matter jurisdiction (whether court has the power and authority to adjudicate a particular type of substantive claim at issue), standing (whether the subject claimant is a proper party to asser

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Ballas v. Missoula City Board of Adjustment green
mont · 2007
2 sentences

2023See Gottlob v. DesRosier, 2020 MT 210, ¶¶ 7-10 , 401 Mont. 50 , 470 P.3d 188 (distinguishing Rule 12(b)(1) subject matter jurisdiction challenge from Rule 12(b)(6) substantive cognizability challenge); Larson v. State, 2019 MT 28, ¶¶ 17-19 , 394 Mont. 167 , 434 P.3d 241 (distinguishing between subject matter jurisdiction to adjudicate a particular type of claim, justiciability as a “prerequisite to the initial and continued exercise of [subject matter] jurisdiction,” and substantive cognizability of claim at issue—emphasis added); Larson, ¶¶ 45-46 (“[s]tanding is a threshold requirement of jus

2023See Gottlob v. DesRosier, 2020 MT 210, ¶¶ 7-10 , 401 Mont. 50 , 470 P.3d 188 (distinguishing Rule 12(b)(1) subject matter jurisdiction challenge from Rule 12(b)(6) substantive cognizability challenge); Larson v. State, 2019 MT 28, ¶¶ 17-19 , 394 Mont. 167 , 434 P.3d 241 (distinguishing between subject matter jurisdiction to adjudicate a particular type of claim, justiciability as a “prerequisite to the initial and continued exercise of [subject matter] jurisdiction,” and substantive cognizability of claim at issue—emphasis added); Larson, ¶¶ 45-46 (“[s]tanding is a threshold requirement of jus

22023–2023
Larson v. State green
mont · 2019
2 sentences

2023See Gottlob v. DesRosier, 2020 MT 210, ¶¶ 7-10 , 401 Mont. 50 , 470 P.3d 188 (distinguishing Rule 12(b)(1) subject matter jurisdiction challenge from Rule 12(b)(6) substantive cognizability challenge); Larson v. State, 2019 MT 28, ¶¶ 17-19 , 394 Mont. 167 , 434 P.3d 241 (distinguishing between subject matter jurisdiction to adjudicate a particular type of claim, justiciability as a “prerequisite to the initial and continued exercise of [subject matter] jurisdiction,” and substantive cognizability of claim at issue—emphasis added); Larson, ¶¶ 45-46 (“[s]tanding is a threshold requirement of jus

2023See Gottlob v. DesRosier, 2020 MT 210, ¶¶ 7-10 , 401 Mont. 50 , 470 P.3d 188 (distinguishing Rule 12(b)(1) subject matter jurisdiction challenge from Rule 12(b)(6) substantive cognizability challenge); Larson v. State, 2019 MT 28, ¶¶ 17-19 , 394 Mont. 167 , 434 P.3d 241 (distinguishing between subject matter jurisdiction to adjudicate a particular type of claim, justiciability as a “prerequisite to the initial and continued exercise of [subject matter] jurisdiction,” and substantive cognizability of claim at issue—emphasis added); Larson, ¶¶ 45-46 (“[s]tanding is a threshold requirement of jus

22023–2023

Where else courts name it

NY 6 (1990–2025) MT 5 (2017–2025) NJ 4 (2011–2019) VT 4 (2010–2026) MN 3 (1987–2015) AL 3 (2011–2015) MA 3 (2006–2021) CA 2 (2003–2023) IA 2 (2021–2021) WA 2 (2015–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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