public policy violation (Montana) · Go Syfert
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public policy violation in Montana

12 Montana opinions name it 1 courts 1943–2014 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.

Followed or applied (3)

CaseFollowedCited
Creelman v. Svenninggreen
wash · 1966 · cited in 3 Montana opinions naming this issue, 1976–2009
2 sentences

2000In doing so, we referred to Creelman v. Svenning (1966), 67 Wash.2d 882 , 410 P.2d 606 , in which the Washington Supreme Court stated: The public policy which requires immunity for the prosecuting attorney, also requires immunity for both the state and the county for acts of judicial and quasi-judicial officers in the performance of the duties which rest upon them; otherwise, the objectives sought by immunity to the individual officers would be seriously impaired or destroyed.

2000In doing so, we referred to Creelman v. Svenning (Wash. 1966), 410 P.2d 606 , in which the Washington Supreme Court stated: The public policy which requires immunity for the prosecuting attorney, also requires immunity for both the state and the county for acts of judicial and quasijudicial officers in the performance of the duties which rest upon them; otherwise, the objectives sought by immunity to the individual officers would be seriously impaired or destroyed.

23
State Ex Rel. Department of Justice v. District Court of the Eighth Judicial Districtgreen
mont · 1976 · cited in 1 Montana opinions naming this issue, 2009–2009
2 sentences

2009Dept. of Justice, 172 Mont. at 92 , 560 P.2d at 1330 (emphasis added) (quoting Creelman v. Svenning, 410 P.2d 606, 608 (Wash. 1966)).

2009Dept. of Justice, 172 Mont. at 92 , 560 P.2d at 1330 (emphasis added) (quoting Creelman v. Svenning, 410 P.2d 606, 608 (Wash. 1966)).

11
Sargent v. Central National Bank & Trust Co. of Enidgreen
okla · 1991 · cited in 1 Montana opinions naming this issue, 2008–2008
2 sentences

2008Sargent reasoned that this right is “not without a limit,” however, when “the public policy whose violation gives rise to [the retaliatory discharge] claim parallels that of the federal law which is sought to be invoked as a shield from liability. . . .” Sargent, 809 P.2d at 1302 (emphasis omitted).

2008Sargent reasoned that this right is “not without a limit,” however, when “the public policy whose violation gives rise to [the retaliatory discharge] claim parallels that of the federal law which is sought to be invoked as a shield from liability....” Sargent, 809 P.2d at 1302 (emphasis omitted).

11

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 (8)

CaseCitedYears
Dare v. Montana Petroleum Marketing Co. green
mont · 1984
2 sentences

1990Dare [v. Montana Petroleum Marketing Co. (1984) 212 Mont. 274 ,], 687 P.2d [1015] at 1019-20.

1988Dare, 687 P.2d at 1019-20 .

21988–1990
Stead Motors of Walnut Creek v. Automotive MacHinists Lodge No. 1173, International Association of MacHinists and Aerospace Workers green
ca9 · 1989
2 sentences

2014The public policy exception to enforcement of arbitration awards is narrow, Stead Motors, 886 F.2d at 1210 , and its requirements were not met in this case.

2014The public policy exception to enforcement of arbitration awards is narrow, Stead Motors, 886 F.2d at 1210 , and its requirements were not met in this case.

12014–2014
Phillips v. General Motors Corp. green
mont · 2000
2 sentences

2008Relying on Swanson, however, Modroo contends that the personal auto policy’s language violates Montana public policy, and thus is unenforceable. ¶53 Montana does not recognize a public-policy exception to the “most significant relationship” analysis because the purpose of the analysis is to resolve conflicts between different states’ competing policies; thus, such an exception would be “redundant.” Phillips v. General Motors Corp., 2000 MT 55, ¶ 75 , 298 Mont. 438, ¶ 75 , 995 P.2d 1002, ¶ 75 .

2008Relying on Swanson, however, Modroo contends that the personal auto policy’s language violates Montana public policy, and thus is unenforceable. ¶53 Montana does not recognize a public-policy exception to the “most significant relationship” analysis because the purpose of the analysis is to resolve conflicts between different states’ competing policies; thus, such an exception would be “redundant.” Phillips v. General Motors Corp., 2000 MT 55, ¶ 75 , 298 Mont. 438, ¶ 75 , 995 P.2d 1002, ¶ 75 .

12008–2008
Prout v. Sears, Roebuck and Co. green
mont · 1989
2 sentences

1996Prout v. Sears, Roebuck & Co. (1989), 236 Mont. 152, 157 , 772 P.2d 288, 291 .

1996Prout v. Sears, Roebuck & Co. (1989), 236 Mont. 152, 157 , 772 P.2d 288, 291 .

11996–1996
Brinkman v. State green
mont · 1986
2 sentences

1987In order to constitute a public policy violation, Belcher’s claims would have to “further a state interest in protecting the general public which transcends the employment relationship.” Brinkman v. State of Montana (Mont. 1986), [ 224 Mont. 238 ,] 729 P.2d 1301, 1308 , 43 St.Rep. 2163 , 2171.

1987In order to constitute a public policy violation, Belcher’s claims would have to “further a state interest in protecting the general public which transcends the employment relationship.” Brinkman v. State of Montana (Mont. 1986), [ 224 Mont. 238 ,] 729 P.2d 1301, 1308 , 43 St.Rep. 2163 , 2171.

11987–1987
Gates v. Life of Montana Insurance green
mont · 1982
2 sentences

1984Following our decisions in Gates v. Life of Montana Insurance Co. (1982), 196 Mont. 178 , 638 P.2d 1063 and Gates v. Life of Montana Insurance Co. (Mont. 1983), [ 205 Mont. 304 , ] 668 P.2d 213 , 40 St.Rep. 1287 the law had broader application.

1984Following our decisions in Gates v. Life of Montana Insurance Co. (1982), 196 Mont. 178 , 638 P.2d 1063 and Gates v. Life of Montana Insurance Co. (Mont. 1983), [ 205 Mont. 304 , ] 668 P.2d 213 , 40 St.Rep. 1287 the law had broader application.

11984–1984
Gates v. Life of Montana Insurance green
mont · 1983
2 sentences

1984Following our decisions in Gates v. Life of Montana Insurance Co. (1982), 196 Mont. 178 , 638 P.2d 1063 and Gates v. Life of Montana Insurance Co. (Mont. 1983), [ 205 Mont. 304 , ] 668 P.2d 213 , 40 St.Rep. 1287 the law had broader application.

1984Following our decisions in Gates v. Life of Montana Insurance Co. (1982), 196 Mont. 178 , 638 P.2d 1063 and Gates v. Life of Montana Insurance Co. (Mont. 1983), [ 205 Mont. 304 , ] 668 P.2d 213 , 40 St.Rep. 1287 the law had broader application.

11984–1984
Sioux Falls Taxpayers Ass'n v. City of Sioux Falls green
sd · 1942
1 sentence

1943It applies to this ease because the transaction in question is against the public policy and in violation of law.” (Sioux Falls Taxpayers Ass’n v. City of Sioux Falls, 7 N. W. (2d) at page 140 , decided by the supreme court of South Dakota, December 17, 1942.) Here have we found the rule and we should apply it to the cases presented.

11943–1943

Where else courts name it

CT 251 (1973–2026) PA 162 (1931–2026) CA 152 (1939–2026) OH 124 (1986–2026) IL 102 (1966–2026) NY 95 (1944–2026) WI 92 (1922–2026) MA 86 (1982–2026) WA 82 (1980–2024) MO 75 (1984–2025) NC 61 (1922–2023) MI 54 (1939–2025) TX 52 (1949–2018) IA 50 (1964–2025) MD 48 (1968–2022) OK 48 (1932–2025) MS 47 (1981–2025) IN 43 (1896–2023) NJ 39 (1944–2025) MN 38 (1905–2024) TN 34 (1930–2026) SC 34 (1925–2025) WV 34 (1981–2024) GA 29 (1939–2023) CO 28 (1984–2026) HI 27 (1982–2026) UT 26 (1989–2019) DC 25 (1991–2026) KS 25 (1970–2026) FL 24 (1975–2021) VA 24 (1986–2025) NM 22 (1983–2024) ID 21 (1986–2019) KY 20 (1941–2026) AR 19 (1983–2026) NV 18 (1984–2022) SD 18 (1910–2025) AZ 17 (1976–2013) VT 16 (1986–2026) NE 16 (1985–2025) ND 15 (1983–2021) WY 14 (1982–2019) AK 12 (1973–2026) AL 12 (1984–2018) MT 12 (1943–2014) OR 9 (1984–2021) DE 8 (1970–2026) LA 4 (1955–2019) NH 4 (2001–2020) RI 3 (1995–2013) ME 2 (1971–1986)

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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