12 Montana opinions name it 1 courts 1989–2023 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 |
|---|---|---|
Kiely Construction, L.L.C. v. City of Red Lodge Ex Rel. Red Lodge City Councilgreen2 sentences2010Vincent , ¶ 14; Kiely Constr., LLC v. City of Red Lodge, 2002 MT 241, ¶ 62 , 312 Mont. 52 , 57 P.3d 836 . ‘The party assigning error to a district court’s instruction must show prejudice in order to prevail, and prejudice will not be found if the jury instructions in their entirety state the applicable law of the case.” Kiely, ¶ 62. ¶38 The jury was given three instructions to which DiMarzio objects: Instruction numbers 22, 23, and 24. 2010Vincent , ¶ 14; Kiely Constr., LLC v. City of Red Lodge, 2002 MT 241, ¶ 62 , 312 Mont. 52 , 57 P.3d 836 . ‘The party assigning error to a district court’s instruction must show prejudice in order to prevail, and prejudice will not be found if the jury instructions in their entirety state the applicable law of the case.” Kiely, ¶ 62. ¶38 The jury was given three instructions to which DiMarzio objects: Instruction numbers 22, 23, and 24. | 1 | 2 |
State v. Stewartgreen2 sentences2010State v. Nelson, 2002 MT 122, ¶ 9 , 310 Mont. 71 , 48 P.3d 739 (citing State v. Stewart, 253 Mont. 475, 479 , 833 P.2d 1085, 1087 (1992)). ¶24 Issue One: Did the jury instructions covering the issue of “reasonably clear liability” fully and fairly inform the jury of the applicable law? ¶25 Peterson contends the District Court abused its discretion when it refused his proposed instruction on the issue of reasonably clear liability. 2010State v. Nelson, 2002 MT 122, ¶ 9 , 310 Mont. 71 , 48 P.3d 739 (citing State v. Stewart, 253 Mont. 475, 479 , 833 P.2d 1085, 1087 (1992)). ¶24 Issue One: Did the jury instructions covering the issue of “reasonably clear liability” fully and fairly inform the jury of the applicable law? ¶25 Peterson contends the District Court abused its discretion when it refused his proposed instruction on the issue of reasonably clear liability. | 1 | 1 |
Ele v. Ehnesgreen2 sentences2005Kiely Const., L.L.C. v. City of Red Lodge, 2002 MT 241, ¶ 62 , 312 Mont. 52, ¶ 62 , 57 P.3d 836, ¶ 62 (internal citations omitted). ¶20 We also review the trial court’s usage of a special verdict form for an abuse of discretion. “[0]ur ordinary standard of review of a discretionary trial court ruling, including the use of a special verdict form, is whether the court abused its discretion.” Ele v. Ehnes, 2003 MT 131, ¶ 18 , 316 Mont. 69, ¶ 18 , 68 P.3d 835, ¶ 18 (citation omitted). ¶21 Lastly, a district court’s award of prejudgment interest is a question of law which we examine for correctness 2005Kiely Const., L.L.C. v. City of Red Lodge, 2002 MT 241, ¶ 62 , 312 Mont. 52, ¶ 62 , 57 P.3d 836, ¶ 62 (internal citations omitted). ¶20 We also review the trial court’s usage of a special verdict form for an abuse of discretion. “[0]ur ordinary standard of review of a discretionary trial court ruling, including the use of a special verdict form, is whether the court abused its discretion.” Ele v. Ehnes, 2003 MT 131, ¶ 18 , 316 Mont. 69, ¶ 18 , 68 P.3d 835, ¶ 18 (citation omitted). ¶21 Lastly, a district court’s award of prejudgment interest is a question of law which we examine for correctness | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Walden v. State
green
2 sentences1998Fillinger, 283 Mont. at 76 , 938 P.2d at 1351 (citing Hall v. Big Sky Lumber & Supply, Inc. (1993), 261 Mont. 328, 332 , 863 P.2d 389, 392 ; Walden v. State (1991), 250 Mont. 132, 139 , 818 P.2d 1190, 1194 ). 1998Fillinger, 283 Mont. at 76 , 938 P.2d at 1351 (citing Hall v. Big Sky Lumber & Supply, Inc. (1993), 261 Mont. 328, 332 , 863 P.2d 389, 392 ; Walden v. State (1991), 250 Mont. 132, 139 , 818 P.2d 1190, 1194 ). | 3 | 1993–1998 |
Tarlton v. Kaufman
green
2 sentences2023Thus, “the party assigning error to a district court’s instruction must show prejudice in order to prevail, and prejudice will not be found if the jury instructions in their entirety state the applicable law of the case.” Tarlton v. Kaufman, 2008 MT 462, ¶ 19 , 348 Mont. 178 , 199 P.3d 263 . 2023Thus, “the party assigning error to a district court’s instruction must show prejudice in order to prevail, and prejudice will not be found if the jury instructions in their entirety state the applicable law of the case.” Tarlton v. Kaufman, 2008 MT 462, ¶ 19 , 348 Mont. 178 , 199 P.3d 263 . | 2 | 2019–2023 |
Fillinger v. Northwestern Agency, Inc.
green
2 sentences1998Fillinger, 283 Mont. at 76 , 938 P.2d at 1351 . 1998Fillinger, 283 Mont. at 76 , 938 P.2d at 1351 . | 2 | 1998–1998 |
State v. Nelson
green
2 sentences2010State v. Nelson, 2002 MT 122, ¶ 9 , 310 Mont. 71 , 48 P.3d 739 (citing State v. Stewart, 253 Mont. 475, 479 , 833 P.2d 1085, 1087 (1992)). ¶24 Issue One: Did the jury instructions covering the issue of “reasonably clear liability” fully and fairly inform the jury of the applicable law? ¶25 Peterson contends the District Court abused its discretion when it refused his proposed instruction on the issue of reasonably clear liability. 2010State v. Nelson, 2002 MT 122, ¶ 9 , 310 Mont. 71 , 48 P.3d 739 (citing State v. Stewart, 253 Mont. 475, 479 , 833 P.2d 1085, 1087 (1992)). ¶24 Issue One: Did the jury instructions covering the issue of “reasonably clear liability” fully and fairly inform the jury of the applicable law? ¶25 Peterson contends the District Court abused its discretion when it refused his proposed instruction on the issue of reasonably clear liability. | 1 | 2010–2010 |
State v. Miller
green
2 sentences2008Finally, while a district court has broad discretion to formulate jury instructions, “that discretion is limited by the overriding principle that jury instructions must fully and fairly instruct the jury regarding the applicable law.” State v. Miller, 2008 MT 106, ¶ 11 , 342 Mont. 355, ¶ 11 , 181 P.3d 625, ¶ 11 . ¶20 Prior to trial, the Kaufmans proposed numerous instructions to the District Court, including specific instructions on the nuisance and spite fence claims. 2008Finally, while a district court has broad discretion to formulate jury instructions, “that discretion is limited by the overriding principle that jury instructions must fully and fairly instruct the jury regarding the applicable law.” State v. Miller, 2008 MT 106, ¶ 11 , 342 Mont. 355, ¶ 11 , 181 P.3d 625, ¶ 11 . ¶20 Prior to trial, the Kaufmans proposed numerous instructions to the District Court, including specific instructions on the nuisance and spite fence claims. | 1 | 2008–2008 |
Hall v. Big Sky Lumber & Supply, Inc.
green
2 sentences1998Fillinger, 283 Mont. at 76 , 938 P.2d at 1351 (citing Hall v. Big Sky Lumber & Supply, Inc. (1993), 261 Mont. 328, 332 , 863 P.2d 389, 392 ; Walden v. State (1991), 250 Mont. 132, 139 , 818 P.2d 1190, 1194 ). 1998Fillinger, 283 Mont. at 76 , 938 P.2d at 1351 (citing Hall v. Big Sky Lumber & Supply, Inc. (1993), 261 Mont. 328, 332 , 863 P.2d 389, 392 ; Walden v. State (1991), 250 Mont. 132, 139 , 818 P.2d 1190, 1194 ). | 1 | 1998–1998 |
Jacobsen v. State
green
2 sentences1991As we stated in Jacobsen, 236 Mont. 91 , 769 P.2d 694 , a party assigning error to the giving of jury instructions must show prejudice in order to prevail. 1991As we stated in Jacobsen, 236 Mont. 91 , 769 P.2d 694 , a party assigning error to the giving of jury instructions must show prejudice in order to prevail. | 1 | 1991–1991 |
Farmers Union Grain Terminal Ass'n v. Montana Power Co.
neutral
2 sentences1989Wilhelm v. City of Great Falls (Mont. 1987), [ 225 Mont. 251 ,] 732 P.2d 1315 , 44 St.Rep. 211 ; Farmers Union Grain Terminal Ass’n v. Montana Power Co. (1985), 216 Mont. 289 , 700 P.2d 994 . 1989Wilhelm v. City of Great Falls (Mont. 1987), [ 225 Mont. 251 ,] 732 P.2d 1315 , 44 St.Rep. 211 ; Farmers Union Grain Terminal Ass’n v. Montana Power Co. (1985), 216 Mont. 289 , 700 P.2d 994 . | 1 | 1989–1989 |
Wilhelm v. City of Great Falls
green
2 sentences1989Wilhelm v. City of Great Falls (Mont. 1987), [ 225 Mont. 251 ,] 732 P.2d 1315 , 44 St.Rep. 211 ; Farmers Union Grain Terminal Ass’n v. Montana Power Co. (1985), 216 Mont. 289 , 700 P.2d 994 . 1989Wilhelm v. City of Great Falls (Mont. 1987), [ 225 Mont. 251 ,] 732 P.2d 1315 , 44 St.Rep. 211 ; Farmers Union Grain Terminal Ass’n v. Montana Power Co. (1985), 216 Mont. 289 , 700 P.2d 994 . | 1 | 1989–1989 |
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.