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10 Montana opinions name it 1 courts 1983–2026 2 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 |
|---|---|---|
Montana Deaconess Hospital v. Grattongreen2 sentences2001Nielsen, 265 Mont. at 474 , 878 P.2d at 236 ; Hunter v. Missoula Community Hosp. (1988), 230 Mont. 300, 305 , 750 P.2d 106, 109 ; Montana Deaconess Hospital v. Gratton (1976), 169 Mont. 185, 190 , 545 P.2d 670, 673 . ¶12 Here, Carlson admits that she did not produce an independent medical expert to establish the applicable standard of care and a breach of that standard. 2001Nielsen, 265 Mont. at 474 , 878 P.2d at 236 ; Hunter v. Missoula Community Hosp. (1988), 230 Mont. 300, 305 , 750 P.2d 106, 109 ; Montana Deaconess Hospital v. Gratton (1976), 169 Mont. 185, 190 , 545 P.2d 670, 673 . ¶12 Here, Carlson admits that she did not produce an independent medical expert to establish the applicable standard of care and a breach of that standard. | 1 | 2 |
Labair Ex Rel. Labair v. Careygreen2 sentences2026Labair v. Carey, 2012 MT 312, ¶¶ 20, 24 , 367 Mont. 453 , 291 P.3d 1160 . 2026Labair v. Carey, 2012 MT 312, ¶¶ 20, 24 , 367 Mont. 453 , 291 P.3d 1160 . | 1 | 1 |
Falcon v. Cheunggreen2 sentences2012Falcon, 257 Mont. at 304 , 848 P.2d at 1055 (plaintiffs medical expert hypothesizing as to why the decedent was not transferred to a larger facility “more promptly” failed to establish deviation from standard of care because “not knowing of the overall hospital situation, he merely raised the question to further explore whether or not a delay in transferring the patient was an issue.”) (emphasis added); Gratton, 169 Mont. at 189-90 , 545 P.2d at 672-73 (affirming summary judgment because the “testimony elicited from Drs. 2012Falcon, 257 Mont. at 304 , 848 P.2d at 1055 (plaintiffs medical expert hypothesizing as to why the decedent was not transferred to a larger facility “more promptly” failed to establish deviation from standard of care because “not knowing of the overall hospital situation, he merely raised the question to further explore whether or not a delay in transferring the patient was an issue.”) (emphasis added); Gratton, 169 Mont. at 189-90 , 545 P.2d at 672-73 (affirming summary judgment because the “testimony elicited from Drs. | 1 | 1 |
Leasing, Inc. v. Discovery Ski Corp.green2 sentences2007For example, in Leasing, Inc. v. Discovery Ski Corp., 235 Mont. 133, 134 , 765 P.2d 176, 177 (1988), where two businesses were involved in a contract dispute, the lease agreement at issue specified that “any cause of action filed as a result of a breach or violation of any terms of this agreement shall be filed in the City of Helena, Lewis and Clark County, State of *248 Montana.” We held that one business committed an abuse of process by filing suit in Granite County and doing so with full knowledge that the other business had already filed suit over the dispute in Lewis and Clark County. 2007For example, in Leasing, Inc. v. Discovery Ski Corp., 235 Mont. 133, 134 , 765 P.2d 176, 177 (1988), where two businesses were involved in a contract dispute, the lease agreement at issue specified that “any cause of action filed as a result of a breach or violation of any terms of this agreement shall be filed in the City of Helena, Lewis and Clark County, State of *248 Montana.” We held that one business committed an abuse of process by filing suit in Granite County and doing so with full knowledge that the other business had already filed suit over the dispute in Lewis and Clark County. | 1 | 1 |
Comphealth, Inc. v. Highland View Outpatient Surgical Centergreen2 sentences2003Wibaux v. Grinnell Live-Stock Co. (1889), 9 Mont. 154, 164-66 , 22 P. 492 , 495 (no provision for partial breach converts liquidated damages to a penalty); Comphealth, Inc. v. Highland View Outpatient Surgical Ctr. (1989), 240 Mont. 366, 369 , 783 P.2d 1385, 1388 (substantial rather than full compliance with cancellation provisions sufficient to prevent award of liquidated damages). 2003Wibaux v. Grinnell Live-Stock Co. (1889), 9 Mont. 154, 164-66 , 22 P. 492 , 495 (no provision for partial breach converts liquidated damages to a penalty); Comphealth, Inc. v. Highland View Outpatient Surgical Ctr. (1989), 240 Mont. 366, 369 , 783 P.2d 1385, 1388 (substantial rather than full compliance with cancellation provisions sufficient to prevent award of liquidated damages). | 1 | 1 |
Newville v. State, Dept. of Family Servicesgreen2 sentences1996See Newville v. State (1994), 267 Mont. 237, 257 , 883 P.2d 793, 805 (citations omitted). 1996See Newville v. State (1994), 267 Mont. 237, 257 , 883 P.2d 793, 805 (citations omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Watkins v. United States
green
2 sentences2021“Almost from the beginning, both the House of Commons and the House of Lords claimed absolute and plenary authority over their privileges” and “[o]nly Parliament could declare what those privileges were or what new privileges were occasioned, and only Parliament could judge what conduct constituted a breach of privilege.” Watkins, 354 U.S. at 188 , 77 S. Ct. at 1179 . 2021“Almost from the beginning, both the House of Commons and the House of Lords claimed absolute and plenary authority over their privileges” and “[o]nly Parliament could declare what those privileges were or what new privileges were occasioned, and only Parliament could judge what conduct constituted a breach of privilege.” Watkins, 354 U.S. at 188 , 77 S. Ct. at 1179 . | 1 | 2021–2021 |
Brault v. Smith
green
2 sentences2007Leasing, Inc., 235 Mont. at 136 , 765 P.2d at 178 (citing Brault, 209 Mont. at 28-29 , 679 P.2d at 240 ). 2007Leasing, Inc., 235 Mont. at 136 , 765 P.2d at 178 (citing Brault, 209 Mont. at 28-29 , 679 P.2d at 240 ). | 1 | 2007–2007 |
Wibaux v. Grinnell Live Stock Co.
neutral
2 sentences2003Wibaux v. Grinnell Live-Stock Co. (1889), 9 Mont. 154, 164-66 , 22 P. 492 , 495 (no provision for partial breach converts liquidated damages to a penalty); Comphealth, Inc. v. Highland View Outpatient Surgical Ctr. (1989), 240 Mont. 366, 369 , 783 P.2d 1385, 1388 (substantial rather than full compliance with cancellation provisions sufficient to prevent award of liquidated damages). 2003Wibaux v. Grinnell Live-Stock Co. (1889), 9 Mont. 154, 164-66 , 22 P. 492 , 495 (no provision for partial breach converts liquidated damages to a penalty); Comphealth, Inc. v. Highland View Outpatient Surgical Ctr. (1989), 240 Mont. 366, 369 , 783 P.2d 1385, 1388 (substantial rather than full compliance with cancellation provisions sufficient to prevent award of liquidated damages). | 1 | 2003–2003 |
Hunter v. Missoula Community Hospital
green
2 sentences2001Nielsen, 265 Mont. at 474 , 878 P.2d at 236 ; Hunter v. Missoula Community Hosp. (1988), 230 Mont. 300, 305 , 750 P.2d 106, 109 ; Montana Deaconess Hospital v. Gratton (1976), 169 Mont. 185, 190 , 545 P.2d 670, 673 . ¶12 Here, Carlson admits that she did not produce an independent medical expert to establish the applicable standard of care and a breach of that standard. 2001Nielsen, 265 Mont. at 474 , 878 P.2d at 236 ; Hunter v. Missoula Community Hosp. (1988), 230 Mont. 300, 305 , 750 P.2d 106, 109 ; Montana Deaconess Hospital v. Gratton (1976), 169 Mont. 185, 190 , 545 P.2d 670, 673 . ¶12 Here, Carlson admits that she did not produce an independent medical expert to establish the applicable standard of care and a breach of that standard. | 1 | 2001–2001 |
Estate of Nielsen v. Pardis
green
2 sentences2001Nielsen, 265 Mont. at 474 , 878 P.2d at 236 ; Hunter v. Missoula Community Hosp. (1988), 230 Mont. 300, 305 , 750 P.2d 106, 109 ; Montana Deaconess Hospital v. Gratton (1976), 169 Mont. 185, 190 , 545 P.2d 670, 673 . ¶12 Here, Carlson admits that she did not produce an independent medical expert to establish the applicable standard of care and a breach of that standard. 2001Nielsen, 265 Mont. at 474 , 878 P.2d at 236 ; Hunter v. Missoula Community Hosp. (1988), 230 Mont. 300, 305 , 750 P.2d 106, 109 ; Montana Deaconess Hospital v. Gratton (1976), 169 Mont. 185, 190 , 545 P.2d 670, 673 . ¶12 Here, Carlson admits that she did not produce an independent medical expert to establish the applicable standard of care and a breach of that standard. | 1 | 2001–2001 |
Clark v. Norris
green
2 sentences2000Because the doctrine of res ipsa loquitur does not relieve a plaintiff of the burden of making a prima facie case that the defendant breached a duty of care (Clark, 226 Mont. at 48 , 734 P.2d at 185 ), we conclude that the doctrine of res ipsa loquitur is not applicable here. 2000Because the doctrine of res ipsa loquitur does not relieve a plaintiff of the burden of making a prima facie case that the defendant breached a duty of care (Clark, 226 Mont. at 48 , 734 P.2d at 185 ), we conclude that the doctrine of res ipsa loquitur is not applicable here. | 1 | 2000–2000 |
Webb v. T.D.
green
2 sentences2000Consequently, he argues that the District Court erred in concluding he needed expert testimony to establish the elements of his cause of action. ¶16 We addressed a somewhat analogous situation in Webb v. T.D. (1997), 287 Mont. 68, 72 , 951 P.2d 1008, 1011 , where the issues were whether a physician who examines a person at the request of a third party has a duty of care to the examinee and, if so, the scope of that duty. 2000Consequently, he argues that the District Court erred in concluding he needed expert testimony to establish the elements of his cause of action. ¶16 We addressed a somewhat analogous situation in Webb v. T.D. (1997), 287 Mont. 68, 72 , 951 P.2d 1008, 1011 , where the issues were whether a physician who examines a person at the request of a third party has a duty of care to the examinee and, if so, the scope of that duty. | 1 | 2000–2000 |
Easton v. Strassburger
green
1 sentence1996Easton, 199 Cal. Rptr. at 392-93 . | 1 | 1996–1996 |
Lemley v. Bozeman Community Hotel Co.
green
2 sentences1983It is likewise contended by BYU in this case that our holding in Lemley v. Bozeman Community Hotel Company (1982), 200 Mont. 470 , 651 P.2d 979 , 39 St.Rep. 1877 , controls this case on whether the landlord breached the consent clause. 1983It is likewise contended by BYU in this case that our holding in Lemley v. Bozeman Community Hotel Company (1982), 200 Mont. 470 , 651 P.2d 979 , 39 St.Rep. 1877 , controls this case on whether the landlord breached the consent clause. | 1 | 1983–1983 |
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.