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18 Montana opinions name it 1 courts 1907–2022 1 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 |
|---|---|---|
First Security Bank of Bozeman v. Tholkesgreen2 sentences2009Furthermore, the proper determination of a legal fee is central to the efficient administration of justice and the maintenance of public confidence in the bench and bar.” Rothing , ¶ 53 (quoting Rossi , ¶ 29); see also First Security Bank of Bozeman v. Tholkes, 169 Mont. 422, 429 , 547 P.2d 1328, 1331-32 (1976). ¶32 Nevertheless, these cases address the procedure a trial court must follow in awarding attorney’s fees; they do not address the procedures a private arbitration panel may follow in awarding attorney’s fees. 2009Furthermore, the proper determination of a legal fee is central to the efficient administration of justice and the maintenance of public confidence in the bench and bar.” Rothing , ¶ 53 (quoting Rossi , ¶ 29); see also First Security Bank of Bozeman v. Tholkes, 169 Mont. 422, 429 , 547 P.2d 1328, 1331-32 (1976). ¶32 Nevertheless, these cases address the procedure a trial court must follow in awarding attorney’s fees; they do not address the procedures a private arbitration panel may follow in awarding attorney’s fees. | 5 | 6 |
Baruch v. Giblengreen2 sentences1976See Baruch v. Giblin, 122 Fla. 59 , 164 So. 831, 833 . 1976See Baruch v. Giblin, 122 Fla. 59 , 164 So. 831, 833 . | 2 | 2 |
State v. Swanngreen2 sentences2008In addition, we note here that this is only a matter of terminology; the standard for granting or denying a motion to dismiss for insufficient evidence and our standard of review on appeal are no different than the standards applicable to what we heretofore have termed a “motion for a directed verdict.” See McWilliams, ¶ 37; State v. Swann, 2007 MT 126, ¶¶ 16, 19 , 337 Mont. 326, ¶¶ 16, 19 , 160 P.3d 511, ¶¶ 16, 19 . 2008In addition, we note here that this is only a matter of terminology; the standard for granting or denying a motion to dismiss for insufficient evidence and our standard of review on appeal are no different than the standards applicable to what we heretofore have termed a “motion for a directed verdict.” See McWilliams, ¶ 37; State v. Swann, 2007 MT 126, ¶¶ 16, 19 , 337 Mont. 326, ¶¶ 16, 19 , 160 P.3d 511, ¶¶ 16, 19 . | 1 | 1 |
Bink v. First Bank West, Great Falls, Inc.green2 sentences2003Furthermore, the proper determination of a legal fee is central to the efficient administration of justice and the maintenance of public confidence in the bench and bar.” (Emphasis added.) Crncevich v. Georgetown Recreation Corp. (1975), 168 Mont. 113, 120 , 541 P.2d 56, 59 ; see also First Security Bank of Bozeman v. Tholkes (1976), 169 Mont. 422, 429-430 , 547 P.2d 1328, 1332 [.] Bink v. First Bank West, Great Falls, Inc. (1991), 246 Mont. 414, 415-16 , 804 P.2d 384, 385 . ¶40 We have repeatedly held that what constitutes reasonable attorney fees is a discretionary task for the district cour 2003Furthermore, the proper determination of a legal fee is central to the efficient administration of justice and the maintenance of public confidence in the bench and bar.” (Emphasis added.) Crncevich v. Georgetown Recreation Corp. (1975), 168 Mont. 113, 120 , 541 P.2d 56, 59 ; see also First Security Bank of Bozeman v. Tholkes (1976), 169 Mont. 422, 429-430 , 547 P.2d 1328, 1332 [.] Bink v. First Bank West, Great Falls, Inc. (1991), 246 Mont. 414, 415-16 , 804 P.2d 384, 385 . ¶40 We have repeatedly held that what constitutes reasonable attorney fees is a discretionary task for the district cour | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Crncevich v. Georgetown Recreation Corporation
green
2 sentences2019While a court need not approve or reject claimed fees in entry-by-entry detail, the large number of objectionable entries here underscore HFOT's supportable position that significant trial effort was unrelated to the lien issue. ¶27 "[T]he proper determination of a legal fee is central to the efficient administration of justice and the maintenance of public confidence in the bench and bar." Plath , ¶ 39 (quoting Crncevich v. Georgetown Recreation Corp ., 168 Mont. 113 , 120, 541 P.2d 56 , 59 (1975) ). "[R]easonableness of attorney's fees must be ascertained under the facts of each case." Morni 2019While a court need not approve or reject claimed fees in entry-by-entry detail, the large number of objectionable entries here underscore HFOT's supportable position that significant trial effort was unrelated to the lien issue. ¶27 "[T]he proper determination of a legal fee is central to the efficient administration of justice and the maintenance of public confidence in the bench and bar." Plath , ¶ 39 (quoting Crncevich v. Georgetown Recreation Corp ., 168 Mont. 113 , 120, 541 P.2d 56 , 59 (1975) ). "[R]easonableness of attorney's fees must be ascertained under the facts of each case." Morni | 3 | 1991–2019 |
Morning Star Enterprises, Inc. v. R. H. Grover, Inc.
green
2 sentences2019While a court need not approve or reject claimed fees in entry-by-entry detail, the large number of objectionable entries here underscore HFOT's supportable position that significant trial effort was unrelated to the lien issue. ¶27 "[T]he proper determination of a legal fee is central to the efficient administration of justice and the maintenance of public confidence in the bench and bar." Plath , ¶ 39 (quoting Crncevich v. Georgetown Recreation Corp ., 168 Mont. 113 , 120, 541 P.2d 56 , 59 (1975) ). "[R]easonableness of attorney's fees must be ascertained under the facts of each case." Morni 2019While a court need not approve or reject claimed fees in entry-by-entry detail, the large number of objectionable entries here underscore HFOT's supportable position that significant trial effort was unrelated to the lien issue. ¶27 "[T]he proper determination of a legal fee is central to the efficient administration of justice and the maintenance of public confidence in the bench and bar." Plath , ¶ 39 (quoting Crncevich v. Georgetown Recreation Corp ., 168 Mont. 113 , 120, 541 P.2d 56 , 59 (1975) ). "[R]easonableness of attorney's fees must be ascertained under the facts of each case." Morni | 2 | 2003–2019 |
State v. Stringer
green
2 sentences2013Gladue , ¶¶ 14, 21; Stringer, 271 Mont. at 381 , 897 P.2d at 1071-72 . ¶120 In the end, we fail today in our obligation to provide guidance to the bench and bar on a serious issue in the conduct of criminal proceedings-an issue that the appellant has squarely raised in this appeal. 2013Gladue , ¶¶ 14, 21; Stringer, 271 Mont. at 381 , 897 P.2d at 1071-72 . ¶120 In the end, we fail today in our obligation to provide guidance to the bench and bar on a serious issue in the conduct of criminal proceedings-an issue that the appellant has squarely raised in this appeal. | 1 | 2013–2013 |
In Re the Marriage of Skinner
green
2 sentences2003Skinner, 240 Mont. at 302 , 783 P.2d at 1352 . ¶18 Based on our decision in Skinner, we conclude that the District Court erred when it bifurcated the trial, and must consider whether the District Court's error was harmless. 2003Skinner, 240 Mont. at 302 , 783 P.2d at 1352 . ¶18 Based on our decision in Skinner, we conclude that the District Court erred when it bifurcated the trial, and must consider whether the District Court's error was harmless. | 1 | 2003–2003 |
Talmage v. Gruss
green
2 sentences1991Georgetown Recreation Corp. (1975), 168 Mont. 113, 120 , 541 P.2d 56, 59 ; see also First Security Bank of Bozeman v. Tholkes (1976), 169 Mont. 422, 429-430 , 547 P.2d 1328, 1332 ; Talmage v. Gruss (1983), 202 Mont. 410, 412-413 , 658 P.2d 419, 420-421 . 1991Georgetown Recreation Corp. (1975), 168 Mont. 113, 120 , 541 P.2d 56, 59 ; see also First Security Bank of Bozeman v. Tholkes (1976), 169 Mont. 422, 429-430 , 547 P.2d 1328, 1332 ; Talmage v. Gruss (1983), 202 Mont. 410, 412-413 , 658 P.2d 419, 420-421 . | 1 | 1991–1991 |
In Re the Marriage of Hall
neutral
2 sentences1988For the guidance of the bench and bar, we specifically reject his phraseology for our standard of review in marital cases and adopt the standard of review set forth in Watson, supra. In re Marriage of Hall (Mont. 1987), [ 228 Mont. 36 ,] 740 P.2d 684, 686-687 , 44 St.Rep. 1321 , 1324. 1988For the guidance of the bench and bar, we specifically reject his phraseology for our standard of review in marital cases and adopt the standard of review set forth in Watson, supra. In re Marriage of Hall (Mont. 1987), [ 228 Mont. 36 ,] 740 P.2d 684, 686-687 , 44 St.Rep. 1321 , 1324. | 1 | 1988–1988 |
United States v. Scophony Corp. of America
green
2 sentences1982In United States v. Scophony Corp. of America, 333 U.S. 795 , 68 S.Ct. 855 , 92 L.Ed. 1091 (1948), the Supreme Court said that the word `found' denoted the concept of `carrying on business' and that the words `transact business' had a meaning broader than the words `carrying on business.' The words `found,' `doing business,' `transaction of any business' were at the time the Montana rules were adopted words of art the meanings of which were known to the bench and bar. 1982In United States v. Scophony Corp. of America, 333 U.S. 795 , 68 S.Ct. 855 , 92 L.Ed. 1091 (1948), the Supreme Court said that the word `found' denoted the concept of `carrying on business' and that the words `transact business' had a meaning broader than the words `carrying on business.' The words `found,' `doing business,' `transaction of any business' were at the time the Montana rules were adopted words of art the meanings of which were known to the bench and bar. | 1 | 1982–1982 |
Haynes v. County of Missoula
green
2 sentences1975Beebe v. Johnson, 165 Mont. 96 , 526 P.2d 128 , 31 St.Rep. 702 ; Haynes v. County of Missoula, 163 Mont. 270 , 517 P.2d 370 , 30 St.Rep. 1083 ; Campeau v. Lewis, 144 Mont. 543 , 398 P.2d 960 . 1975Beebe v. Johnson, 165 Mont. 96 , 526 P.2d 128 , 31 St.Rep. 702 ; Haynes v. County of Missoula, 163 Mont. 270 , 517 P.2d 370 , 30 St.Rep. 1083 ; Campeau v. Lewis, 144 Mont. 543 , 398 P.2d 960 . | 1 | 1975–1975 |
Campeau v. Lewis
green
2 sentences1975Beebe v. Johnson, 165 Mont. 96 , 526 P.2d 128 , 31 St.Rep. 702 ; Haynes v. County of Missoula, 163 Mont. 270 , 517 P.2d 370 , 30 St.Rep. 1083 ; Campeau v. Lewis, 144 Mont. 543 , 398 P.2d 960 . 1975Beebe v. Johnson, 165 Mont. 96 , 526 P.2d 128 , 31 St.Rep. 702 ; Haynes v. County of Missoula, 163 Mont. 270 , 517 P.2d 370 , 30 St.Rep. 1083 ; Campeau v. Lewis, 144 Mont. 543 , 398 P.2d 960 . | 1 | 1975–1975 |
Beebe v. Johnson
neutral
2 sentences1975Beebe v. Johnson, 165 Mont. 96 , 526 P.2d 128 , 31 St.Rep. 702 ; Haynes v. County of Missoula, 163 Mont. 270 , 517 P.2d 370 , 30 St.Rep. 1083 ; Campeau v. Lewis, 144 Mont. 543 , 398 P.2d 960 . 1975Beebe v. Johnson, 165 Mont. 96 , 526 P.2d 128 , 31 St.Rep. 702 ; Haynes v. County of Missoula, 163 Mont. 270 , 517 P.2d 370 , 30 St.Rep. 1083 ; Campeau v. Lewis, 144 Mont. 543 , 398 P.2d 960 . | 1 | 1975–1975 |
State v. Souhrada
green
2 sentences1959In State v. Souhrada, supra, 122 Mont. 377, 386 , 204 Pac. (2d) 792, 797 , a case in which the evidence showed that the defendant was driving while intoxicated, the defendant objected to the giving of an instruction advising the jury that intent is not an element of involuntary manslaughter. 1959In State v. Souhrada, supra, 122 Mont. 377, 386 , 204 Pac. (2d) 792, 797 , a case in which the evidence showed that the defendant was driving while intoxicated, the defendant objected to the giving of an instruction advising the jury that intent is not an element of involuntary manslaughter. | 1 | 1959–1959 |
Copenhaver v. Northern Pacific Railway Co.
green
1 sentence1920Co., 42 Mont. [3] 453, 113 Pac. 467 , this court said: “We doubt if the bench and bar of the state have given this statute the consideration, scope, force and effect to which it is entitled. | 1 | 1920–1920 |
State v. Allen
neutral
2 sentences1907That it is incumbent upon the trial • court to instruct the jury, in a grand larceny case, that the ■taking or appropriation must have been done with a felonious ■intent on the part of the defendant, was distinctlly called to ■ the attention of the bench and bar of this state nearly ten years ago, in State v. Rechnitz , above, and by this time it ought ■ to be understood that a failure on the part of the trial court ■ to do so will work a reversal of a judgment of conviction in .such a case, as it did in State v. Rechnitz, State v. Sloan , , above, State v. Allen, 34 Mont. 403 , 87 Pac. 177 , 1907That it is incumbent upon the trial • court to instruct the jury, in a grand larceny case, that the ■taking or appropriation must have been done with a felonious ■intent on the part of the defendant, was distinctlly called to ■ the attention of the bench and bar of this state nearly ten years ago, in State v. Rechnitz , above, and by this time it ought ■ to be understood that a failure on the part of the trial court ■ to do so will work a reversal of a judgment of conviction in .such a case, as it did in State v. Rechnitz, State v. Sloan , , above, State v. Allen, 34 Mont. 403 , 87 Pac. 177 , | 1 | 1907–1907 |
State v. McLeod
neutral
2 sentences1907McLeod, 35 Mont. 372 , 89 Pac. 831 . 1907McLeod, 35 Mont. 372 , 89 Pac. 831 . | 1 | 1907–1907 |
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.