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5 Montana opinions name it 1 courts 2000–2009 0 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.
| Case | Followed | Cited |
|---|---|---|
State v. James Hendershotgreen2 sentences2009See State v. Hendershot, 2009 MT 292, ¶ 33 , 352 Mont. 271 , 216 P.3d 754 . ¶39 Issue Two: Did the District Court err in ordering Powder River to indemnify MRL for attorney fees and costs incurred in its defense against Salazar’s claim? ¶40 In awarding MRL attorney fees and costs incurred in defending against Salazar’s claim, the District Court relied upon § 28-11-315, MCA, which reads as follows: An indemnity against claims, demands, or liability, expressly or in other equivalent terms, embraces the costs of defense against such claims, demands, or liability incurred in good faith and in the 2009See State v. Hendershot, 2009 MT 292, ¶ 33 , 352 Mont. 271 , 216 P.3d 754 . ¶39 Issue Two: Did the District Court err in ordering Powder River to indemnify MRL for attorney fees and costs incurred in its defense against Salazar’s claim? ¶40 In awarding MRL attorney fees and costs incurred in defending against Salazar’s claim, the District Court relied upon § 28-11-315, MCA, which reads as follows: An indemnity against claims, demands, or liability, expressly or in other equivalent terms, embraces the costs of defense against such claims, demands, or liability incurred in good faith and in the | 1 | 1 |
Hilands Golf Club v. Ashmoregreen2 sentences2000See Hilands Golf Club, 277 Mont. at 328 , 922 P.2d at 471 . 2000See Hilands Golf Club, 277 Mont. at 328 , 922 P.2d at 471 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Winslow v. Montana Rail Link, Inc.
green
2 sentences2004Co. (1909), 38 Mont. 485 , 100 P. 960 , as precedent and determined “that the statute did not create a new cause of action, but merely extended a right of a prior, existing cause of action to include damages for injuries caused by fellow-servants.” The court determined our treatment of § 39-2-703, MCA, in Winslow v. Montana Rail Link, 2000 MT 292 , 302 Mont. 289 , 16 P.3d 992 , “did not consider whether the statute provided an independent cause of action.” ¶8 The court concluded that § 39-2-703, MCA, does not provide an independent cause of action and granted MRL’s motion for judgment on the p 2004Co. (1909), 38 Mont. 485 , 100 P. 960 , as precedent and determined “that the statute did not create a new cause of action, but merely extended a right of a prior, existing cause of action to include damages for injuries caused by fellow-servants.” The court determined our treatment of § 39-2-703, MCA, in Winslow v. Montana Rail Link, 2000 MT 292 , 302 Mont. 289 , 16 P.3d 992 , “did not consider whether the statute provided an independent cause of action.” ¶8 The court concluded that § 39-2-703, MCA, does not provide an independent cause of action and granted MRL’s motion for judgment on the p | 2 | 2004–2004 |
Dillon v. Great Northern Railway Co.
green
2 sentences2004Co. (1909), 38 Mont. 485 , 100 P. 960 , as precedent and determined “that the statute did not create a new cause of action, but merely extended a right of a prior, existing cause of action to include damages for injuries caused by fellow-servants.” The court determined our treatment of § 39-2-703, MCA, in Winslow v. Montana Rail Link, 2000 MT 292 , 302 Mont. 289 , 16 P.3d 992 , “did not consider whether the statute provided an independent cause of action.” ¶8 The court concluded that § 39-2-703, MCA, does not provide an independent cause of action and granted MRL’s motion for judgment on the p 2004Co. (1909), 38 Mont. 485 , 100 P. 960 , as precedent and determined “that the statute did not create a new cause of action, but merely extended a right of a prior, existing cause of action to include damages for injuries caused by fellow-servants.” The court determined our treatment of § 39-2-703, MCA, in Winslow v. Montana Rail Link, 2000 MT 292 , 302 Mont. 289 , 16 P.3d 992 , “did not consider whether the statute provided an independent cause of action.” ¶8 The court concluded that § 39-2-703, MCA, does not provide an independent cause of action and granted MRL’s motion for judgment on the p | 2 | 2004–2004 |
Shaw v. Delta Air Lines, Inc.
green
2 sentences2005Thus, we conclude that the District Court properly denied MRL’s motion for summary judgment and its subsequent Rule 50(b), M.R.Civ.P., motion as to RLA preemption. ¶37 As to ERISA, MRL argues that Winslow’s state law claims about improper handling of medical benefits and negligent management of employee benefit plans are preempted by ERISA, which is a “comprehensive statute designed to promote the interests of employees and their beneficiaries in employee benefits plans.” Shaw v. Delta Air Lines, Inc. (1983), 463 U.S. 85, 90 , 103 S.Ct. 2890, 2896 , 77 L.Ed.2d 490, 497 . 2005Thus, we conclude that the District Court properly denied MRL’s motion for summary judgment and its subsequent Rule 50(b), M.R.Civ.P., motion as to RLA preemption. ¶37 As to ERISA, MRL argues that Winslow’s state law claims about improper handling of medical benefits and negligent management of employee benefit plans are preempted by ERISA, which is a “comprehensive statute designed to promote the interests of employees and their beneficiaries in employee benefits plans.” Shaw v. Delta Air Lines, Inc. (1983), 463 U.S. 85, 90 , 103 S.Ct. 2890, 2896 , 77 L.Ed.2d 490, 497 . | 1 | 2005–2005 |
Haux v. Montana Rail Link, Inc.
green
2 sentences2005Rail Link., Inc., 2004 MT 233 , ¶ 14, 322 Mont. 456, ¶ 14 , 97 P.3d 540 , ¶ 14 (“Although MRL argues, quoting Dillon . . . that the ‘legislature did not intend to create any new right of action, but merely recognized a right of action existing at common law’. . . the language of the statutory section clearly provides for a right of action for 11 ¶31 Did the District Court err in denying MRL’s motion for summary judgment and its subsequent Rule 50(b) motion on the merits of Winslow’s negligent management claim? ¶32 Alternatively, MRL argues that the District Court erred when it denied its motio 2005Rail Link., Inc., 2004 MT 233 , ¶ 14, 322 Mont. 456, ¶ 14 , 97 P.3d 540 , ¶ 14 (“Although MRL argues, quoting Dillon . . . that the ‘legislature did not intend to create any new right of action, but merely recognized a right of action existing at common law’. . . the language of the statutory section clearly provides for a right of action for 11 ¶31 Did the District Court err in denying MRL’s motion for summary judgment and its subsequent Rule 50(b) motion on the merits of Winslow’s negligent management claim? ¶32 Alternatively, MRL argues that the District Court erred when it denied its motio | 1 | 2005–2005 |
Haux v. Montana Rail Link, Inc.
green
1 sentence2005Rail Link., Inc., 2004 MT 233 , ¶ 14, 322 Mont. 456, ¶ 14 , 97 P.3d 540 , ¶ 14 (“Although MRL argues, quoting Dillon . . . that the ‘legislature did not intend to create any new right of action, but merely recognized a right of action existing at common law’. . . the language of the statutory section clearly provides for a right of action for 11 ¶31 Did the District Court err in denying MRL’s motion for summary judgment and its subsequent Rule 50(b) motion on the merits of Winslow’s negligent management claim? ¶32 Alternatively, MRL argues that the District Court erred when it denied its motio | 1 | 2005–2005 |
Peuse v. Malkuch
green
2 sentences2000Peuse, 275 Mont. at 228 , 911 P.2d at 1157 . ¶45 In the present case, MRL’s motion for summary judgment was based upon the proposition that the punitive damage claim, like Winslow’s other claims, was preempted. 2000Peuse, 275 Mont. at 228 , 911 P.2d at 1157 . ¶45 In the present case, MRL’s motion for summary judgment was based upon the proposition that the punitive damage claim, like Winslow’s other claims, was preempted. | 1 | 2000–2000 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.