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10 Montana opinions name it 1 courts 1978–2025 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 |
|---|---|---|
N. D. v. Chris Reykdalgreen2 sentences2025Mandatory injunction ¶20 “When the requested preliminary injunctive relief orders a responsible party to take action as opposed to simply maintaining the status quo, the preliminary relief is accurately characterized as mandatory and as such is subject to a more demanding standard.” Mercer, ¶ 14 (quoting N.D. v. Reykdal, 102 F.4th 982, 992 (9th Cir. 2024)) (internal quotation marks omitted). 2025When the requested preliminary injunctive relief “orders a responsible party to take action” as opposed to “simply maintaining the status quo,” the preliminary relief is accurately characterized as mandatory and as such is “subject to a more demanding standard.” N.D. v. Reykdal, 102 F.4th 982, 992 (9th Cir. 2024) (distinguishing a “mandatory injunction” from a “prohibitory injunction”). | 2 | 2 |
Gertz v. Robert Welch, Inc.green2 sentences1980In short, the private defamation plaintiff who establishes liability under a less demanding standard than that stated by New York Times may recover only such damages as are sufficient to compensate him for actual injury.’ 418 U.S. at 349, 350 , 94 S.Ct. at 3012 . 1980In short, the private defamation plaintiff who establishes liability under a less demanding standard than that stated by New York Times may recover only such damages as are sufficient to compensate him for actual injury.’ 418 U.S. at 349, 350 , 94 S.Ct. at 3012 . | 2 | 2 |
Xochitl Hernandez v. Jefferson Sessionsgreen1 sentence2025“Mandatory injunctions are most likely to be appropriate when the status quo . . . is exactly what will inflict the irreparable injury upon complainant.” Mercer, ¶ 15 (quoting Hernandez v. Sessions, 872 F.3d 976, 999 (9th Cir. 2017)) (internal quotation marks omitted). | 1 | 1 |
Cindy Garcia v. Google, Inc.green1 sentence2025Under the first factor, “[t]o 8 obtain a mandatory injunction, we have held, a plaintiff ‘must establish that the law and facts clearly favor her position, not simply that she is likely to succeed.’” Reykdal, 102 F.4th at 992 (quoting Garcia v. Google, 786 F.3d 733, 740 (9th Cir. 2015) (en banc)) (emphasis in original). ¶15 The Department challenges the District Court’s failure to maintain the status quo, but Rep. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Alabama v. White
green
2 sentences2003Alabama, 496 U.S. at 330 , 110 S.Ct. at 2416 , 110 L.Ed.2d 301 . ¶45 In Alabama , police received an anonymous tip that a woman would soon be leaving a particular apartment with an attache case containing a small amount of cocaine. 2003Alabama, 496 U.S. at 330 , 110 S.Ct. at 2416 , 110 L.Ed.2d 301 . ¶45 In Alabama , police received an anonymous tip that a woman would soon be leaving a particular apartment with an attache case containing a small amount of cocaine. | 2 | 2003–2003 |
McDonald v. Washington
green
2 sentences2013Typicality is not a demanding requirement, and it “is met if the named plaintiffs claim ‘stems from the same event, practice, or course of conduct that forms the basis of the class claims and is based upon the same legal or remedial theory.’ ” Diaz , ¶ 35 (quoting McDonald, 261 Mont. at 402 ). 2013Typicality is not a demanding requirement, and it “is met if the named plaintiff’s claim ‘stems from the same event, practice, or course of conduct that forms the basis of the class claims and is based upon the 35 same legal or remedial theory.’ ” Diaz, ¶ 35 (quoting McDonald, 261 Mont. at 402 ). | 1 | 2013–2013 |
Crawford v. Washington
green
2 sentences2006Crawford, 541 U.S. at 61 , 124 S.Ct. at 1370 , 158 L.Ed.2d at 199 . (“It commands, not that evidence be reliable, but that reliability be assessed in a particular manner: by testing in the crucible of cross-examination.”) ¶15 Testimonial evidence requires a more demanding test of reliability than non-testimonial evidence because the framers intended to protect the defendant from the evils inherent in testimonial evidence. 2006Crawford, 541 U.S. at 61 , 124 S.Ct. at 1370 , 158 L.Ed.2d at 199 . (“It commands, not that evidence be reliable, but that reliability be assessed in a particular manner: by testing in the crucible of cross-examination.”) ¶15 Testimonial evidence requires a more demanding test of reliability than non-testimonial evidence because the framers intended to protect the defendant from the evils inherent in testimonial evidence. | 1 | 2006–2006 |
Texas State Teachers Ass'n v. Garland Independent School District
green
2 sentences2000Some federal appeals courts had required that a party succeed on the "central issue" in the litigation and achieve the "primary relief sought" in order to be eligible for fees as a prevailing party, while other courts had applied a less demanding standard, requiring only that a party succeed on a "significant issue" and receive "some of the relief sought." Garland, 489 U.S. at 784 , 109 S.Ct. at 1489 . 2000Some federal appeals courts had required that a party succeed on the “central issue” in the litigation and achieve the “primary relief sought” in order to be eligible for fees as a prevailing party, while other courts had applied a less demanding standard, requiring only that a party succeed on a “significant issue” and receive “some of the relief sought.” Garland, 489 U.S. at 784 , 109 S. Ct. 1489 . | 1 | 2000–2000 |
State v. Lewis
green
2 sentences1994In State v. Lewis (1978), 177 Mont. 474, 483 , 582 P.2d 346, 352 , we held that “the matter of granting or refusing a new trial for newly discovered evidence rests largely in the discretion of the District Court. ...” (Citation omitted.) Whether or not we specifically intended a less demanding standard of review for orders granting a new trial based on newly discovered evidence, than from orders granting a new trial on some other basis, is unclear. 1994In State v. Lewis (1978), 177 Mont. 474, 483 , 582 P.2d 346, 352 , we held that “the matter of granting or refusing a new trial for newly discovered evidence rests largely in the discretion of the District Court. ...” (Citation omitted.) Whether or not we specifically intended a less demanding standard of review for orders granting a new trial based on newly discovered evidence, than from orders granting a new trial on some other basis, is unclear. | 1 | 1994–1994 |
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.