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12 Montana opinions name it 1 courts 1917–2007 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 |
|---|---|---|
Firestone v. Oasis Telecommunications, Data & Records, Inc.green2 sentences2007CHIEF JUSTICE GRAY, JUSTICES COTTER, LEAPHART and RICE concur. 1 See also Ponderosa Pines Ranch, Inc. v. Hevner, 2002 MT 184, ¶ 14 , 311 Mont. 82, ¶ 14 , 53 P.3d 381, ¶ 14 ; Lundquist v. McBeth, 2001 MT 311, ¶ 13 , 308 Mont. 1, ¶ 13 , 38 P.3d 831, ¶ 13 ; Firestone v. Oasis Telecommunications, 2001 MT 297, ¶ 12, 307 Mont. 469, ¶ 12 , 38 P.3d 796, ¶ 12 ; Pospisil v. First Nat. 2007CHIEF JUSTICE GRAY, JUSTICES COTTER, LEAPHART and RICE concur. 1 See also Ponderosa Pines Ranch, Inc. v. Hevner, 2002 MT 184, ¶ 14 , 311 Mont. 82, ¶ 14 , 53 P.3d 381, ¶ 14 ; Lundquist v. McBeth, 2001 MT 311, ¶ 13 , 308 Mont. 1, ¶ 13 , 38 P.3d 831, ¶ 13 ; Firestone v. Oasis Telecommunications, 2001 MT 297, ¶ 12, 307 Mont. 469, ¶ 12 , 38 P.3d 796, ¶ 12 ; Pospisil v. First Nat. | 1 | 1 |
Janow v. Conoco Pipe Line Co.green2 sentences2003Hawkins’ cross-motion requested that this Court strike several misstatements of fact which appeared in the Respondents’ brief. ¶14 It is well stated that “parties on appeal are bound by the record and may not add additional matters in briefs or appendices.” Janow v. *388 Conoco Pipe Line Co., 2000 MT 242, ¶ 14 , 301 Mont. 402, ¶ 14 , 10 P.3d 79, ¶ 14 (citations omitted). 2003Hawkins’ cross-motion requested that this Court strike several misstatements of fact which appeared in the Respondents’ brief. ¶14 It is well stated that “parties on appeal are bound by the record and may not add additional matters in briefs or appendices.” Janow v. *388 Conoco Pipe Line Co., 2000 MT 242, ¶ 14 , 301 Mont. 402, ¶ 14 , 10 P.3d 79, ¶ 14 (citations omitted). | 1 | 1 |
United States v. MITgreen1 sentence2000Mass. Inst. of Technology, 129 F.3d at 687 (emphasis added). ¶62 In the present case we note Respondents’ claim that the court in Mass Inst. of Technology recognized insurers and insureds as a relationship within which parties share a common interest that protects their privileged communications. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lundquist v. McBeth
green
2 sentences2007CHIEF JUSTICE GRAY, JUSTICES COTTER, LEAPHART and RICE concur. 1 See also Ponderosa Pines Ranch, Inc. v. Hevner, 2002 MT 184, ¶ 14 , 311 Mont. 82, ¶ 14 , 53 P.3d 381, ¶ 14 ; Lundquist v. McBeth, 2001 MT 311, ¶ 13 , 308 Mont. 1, ¶ 13 , 38 P.3d 831, ¶ 13 ; Firestone v. Oasis Telecommunications, 2001 MT 297, ¶ 12, 307 Mont. 469, ¶ 12 , 38 P.3d 796, ¶ 12 ; Pospisil v. First Nat. 2007CHIEF JUSTICE GRAY, JUSTICES COTTER, LEAPHART and RICE concur. 1 See also Ponderosa Pines Ranch, Inc. v. Hevner, 2002 MT 184, ¶ 14 , 311 Mont. 82, ¶ 14 , 53 P.3d 381, ¶ 14 ; Lundquist v. McBeth, 2001 MT 311, ¶ 13 , 308 Mont. 1, ¶ 13 , 38 P.3d 831, ¶ 13 ; Firestone v. Oasis Telecommunications, 2001 MT 297, ¶ 12, 307 Mont. 469, ¶ 12 , 38 P.3d 796, ¶ 12 ; Pospisil v. First Nat. | 1 | 2007–2007 |
Ponderosa Pines Ranch, Inc. v. Hevner
green
2 sentences2007CHIEF JUSTICE GRAY, JUSTICES COTTER, LEAPHART and RICE concur. 1 See also Ponderosa Pines Ranch, Inc. v. Hevner, 2002 MT 184, ¶ 14 , 311 Mont. 82, ¶ 14 , 53 P.3d 381, ¶ 14 ; Lundquist v. McBeth, 2001 MT 311, ¶ 13 , 308 Mont. 1, ¶ 13 , 38 P.3d 831, ¶ 13 ; Firestone v. Oasis Telecommunications, 2001 MT 297, ¶ 12, 307 Mont. 469, ¶ 12 , 38 P.3d 796, ¶ 12 ; Pospisil v. First Nat. 2007CHIEF JUSTICE GRAY, JUSTICES COTTER, LEAPHART and RICE concur. 1 See also Ponderosa Pines Ranch, Inc. v. Hevner, 2002 MT 184, ¶ 14 , 311 Mont. 82, ¶ 14 , 53 P.3d 381, ¶ 14 ; Lundquist v. McBeth, 2001 MT 311, ¶ 13 , 308 Mont. 1, ¶ 13 , 38 P.3d 831, ¶ 13 ; Firestone v. Oasis Telecommunications, 2001 MT 297, ¶ 12, 307 Mont. 469, ¶ 12 , 38 P.3d 796, ¶ 12 ; Pospisil v. First Nat. | 1 | 2007–2007 |
State v. Finley
green
2 sentences2006Relying on State v. Finley, 276 Mont. 126 , 915 P.2d 208 (1996) (holding that the law in effect at the time of the commission of the crime controls as to the possible sentence), the District Court 1 Ronald Enfinger did not file a notice of appeal. 2 concluded that the Appellants were sentenced under § 46-18-404, MCA, the applicable law in effect at the time, and thus the sentencing court was required to designate the Appellants as dangerous offenders if they met the requirements for such designation. 2 Moreover, the court concluded that, although § 46-18-404, MCA, was repealed in 1995, the rep 2006Relying on State v. Finley, 276 Mont. 126 , 915 P.2d 208 (1996) (holding that the law in effect at the time of the commission of the crime controls as to the possible sentence), the District Court 1 Ronald Enfinger did not file a notice of appeal. 2 concluded that the Appellants were sentenced under § 46-18-404, MCA, the applicable law in effect at the time, and thus the sentencing court was required to designate the Appellants as dangerous offenders if they met the requirements for such designation. 2 Moreover, the court concluded that, although § 46-18-404, MCA, was repealed in 1995, the rep | 1 | 2006–2006 |
Turner v. Safley
green
2 sentences2004Consequently, the denial of Cape’s request to hold Bible study groups is valid and lawful since it is “reasonably related to legitimate penological interests.” Turner v. Safley (1987), 482 U.S. 78, 89 , 107 S.Ct. 2254, 2261 , 96 L.Ed.2d 64 . 1 Cape has not presented any evidence to the contrary as *148 required to successfully oppose summary judgment. ¶33 Accordingly, we hold that the District Court did not err in granting Respondents’ motion for summary judgment thereby dismissing Cape’s freedom of religion, equal protection, conspiracy and 42 U.S.C. § 1983 claims. ¶34 Affirmed. 2004Consequently, the denial of Cape’s request to hold Bible study groups is valid and lawful since it is “reasonably related to legitimate penological interests.” Turner v. Safley (1987), 482 U.S. 78, 89 , 107 S.Ct. 2254, 2261 , 96 L.Ed.2d 64 . 1 Cape has not presented any evidence to the contrary as *148 required to successfully oppose summary judgment. ¶33 Accordingly, we hold that the District Court did not err in granting Respondents’ motion for summary judgment thereby dismissing Cape’s freedom of religion, equal protection, conspiracy and 42 U.S.C. § 1983 claims. ¶34 Affirmed. | 1 | 2004–2004 |
Walker v. United Parcel Service
green
2 sentences1998Chaney, 276 Mont. at 518 , 917 P.2d at 915 ; Walker, 262 Mont. at 454 , 865 P.2d at 1116 . 1998Chaney, 276 Mont. at 518 , 917 P.2d at 915 ; Walker, 262 Mont. at 454 , 865 P.2d at 1116 . | 1 | 1998–1998 |
Waller v. Hayden
green
2 sentences1998Waller v. Hayden (1994), 268 Mont. 204 , 885 P.2d 1305 . 1998Waller v. Hayden (1994), 268 Mont. 204 , 885 P.2d 1305 . | 1 | 1998–1998 |
Chaney v. U.S. Fidelity & Guaranty
green
2 sentences1998Chaney, 276 Mont. at 518 , 917 P.2d at 915 ; Walker, 262 Mont. at 454 , 865 P.2d at 1116 . 1998Chaney, 276 Mont. at 518 , 917 P.2d at 915 ; Walker, 262 Mont. at 454 , 865 P.2d at 1116 . | 1 | 1998–1998 |
Graham v. MacK
green
2 sentences1996Rather, in its May, 1994 Order and Opinion addressing Respondents’ claim of easement by necessity, the District Court found sufficient evidence to support a claim of an implied easement over the Grigonises’ property based on this Court’s decision in Graham v. Mack (1984), 216 Mont. 165 , 699 P.2d 590 . 1996Rather, in its May, 1994 Order and Opinion addressing Respondents’ claim of easement by necessity, the District Court found sufficient evidence to support a claim of an implied easement over the Grigonises’ property based on this Court’s decision in Graham v. Mack (1984), 216 Mont. 165 , 699 P.2d 590 . | 1 | 1996–1996 |
Brennan v. Hall
neutral
1 sentence1984They cite our decisions of Schmidt v. Jomac, Inc. (Mont. 1982), [ 196 Mont. 323 ,] 639 P.2d 517 , 39 St. | 1 | 1984–1984 |
Schmidt v. Jomac, Inc.
neutral
2 sentences1984They cite our decisions of Schmidt v. Jomac, Inc. (Mont. 1982), [ 196 Mont. 323 ,] 639 P.2d 517 , 39 St. 1984They cite our decisions of Schmidt v. Jomac, Inc. (Mont. 1982), [ 196 Mont. 323 ,] 639 P.2d 517 , 39 St. | 1 | 1984–1984 |
Van Ettinger v. Pappin
green
2 sentences1982In Van Ettinger v. Pappin, supra, we stated: ,. “‘When it appears that a party, who claims to have been deceived to his prejudice, has investigated for himself or that the means were at hand to ascertain the truth ... of any representations made to him, his reliance upon such representations made to him, however false they may have been, affords no ground of complaint. . .’” 588 P.2d at 994 , quoting Lee v. Stockmen’s Nat’l Bank (1922), 63 Mont. 262, 284 , 207 P. 627 , 630. 1982In Van Ettinger v. Pappin, supra, we stated: "`When it appears that a party, who claims to have been deceived to his prejudice, has investigated for himself or that the means were at hand to ascertain the truth ... of any representations made to him, his reliance upon such representations made to him, however false they may have been, affords no ground of complaint...'" 588 P.2d at 994 , quoting Lee v. Stockmen's Nat'l Bank (1922), 63 Mont. 262, 284 , 207 P. 623, 630 . | 1 | 1982–1982 |
Lee v. Stockmen's National Bank
green
2 sentences1982In Van Ettinger v. Pappin, supra, we stated: ,. “‘When it appears that a party, who claims to have been deceived to his prejudice, has investigated for himself or that the means were at hand to ascertain the truth ... of any representations made to him, his reliance upon such representations made to him, however false they may have been, affords no ground of complaint. . .’” 588 P.2d at 994 , quoting Lee v. Stockmen’s Nat’l Bank (1922), 63 Mont. 262, 284 , 207 P. 627 , 630. 1982In Van Ettinger v. Pappin, supra, we stated: "`When it appears that a party, who claims to have been deceived to his prejudice, has investigated for himself or that the means were at hand to ascertain the truth ... of any representations made to him, his reliance upon such representations made to him, however false they may have been, affords no ground of complaint...'" 588 P.2d at 994 , quoting Lee v. Stockmen's Nat'l Bank (1922), 63 Mont. 262, 284 , 207 P. 623, 630 . | 1 | 1982–1982 |
O'Donnell v. City of Butte
green
2 sentences1960Respondents’ motion is founded upon the decision of this court in O’Donnell v. City of Butte, 72 Mont. 449 , 235 P. 707 . 1960Respondents’ motion is founded upon the decision of this court in O’Donnell v. City of Butte, 72 Mont. 449 , 235 P. 707 . | 1 | 1960–1960 |
Elwert v. Marley
green
1 sentence1917Rep. 850 , 99 Pac. 887 , 101 Pac. 671 .) Respondents’ motion is granted and tbe appeal is dismissed. | 1 | 1917–1917 |
Galvin v. Brown & McCabe
green
1 sentence1917Rep. 850 , 99 Pac. 887 , 101 Pac. 671 .) Respondents’ motion is granted and tbe appeal is dismissed. | 1 | 1917–1917 |
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.