7 Montana opinions name it 1 courts 1923–2019 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 |
|---|---|---|
Moran v. Shotgun Willies, Inc.green2 sentences2019The findings of the hearing examiner, especially as to witness credibility, are therefore entitled to great deference." Benjamin , ¶ 37 (quoting Moran v. Shotgun Willies, Inc. , 270 Mont. 47 , 51, 889 P.2d 1185 , 1187 (1995) ). ¶10 KB objects to a litany of the Hearing Officer's findings of fact, highlighting *502 conflicting testimony given by the witnesses in this matter. 2019The findings of the hearing examiner, especially as to witness credibility, are therefore entitled to great deference." Benjamin , ¶ 37 (quoting Moran v. Shotgun Willies, Inc. , 270 Mont. 47 , 51, 889 P.2d 1185 , 1187 (1995) ). ¶10 KB objects to a litany of the Hearing Officer's findings of fact, highlighting *502 conflicting testimony given by the witnesses in this matter. | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brander v. Director, Montana Department of Institutions
green
2 sentences2004Brander v. Director, Dept. of Inst. (1991), 247 Mont. 302, 307-08 , 806 P.2d 530, 533 . 2004Brander v. Director, Dept. of Inst. (1991), 247 Mont. 302, 307-08 , 806 P.2d 530, 533 . | 2 | 1995–2004 |
Ulrich v. State Ex Rel. Board of Funeral Service
neutral
2 sentences2017Board of Funeral Serv., 1998 MT 196, ¶ 14 , 289 Mont. 407 , 961 P.2d 126 (concluding that an agency “may reject the examiner’s findings only if they are not based upon competent, substantial evidence” and abuses its discretion pursuant to § 2-4-704(2)(a)(vi), MCA, if it “reject[s] the hearing examiner’s findings in violation of § 2-4-621(3), MCA”). 1 Consequently, an agency’s rejection or modification of a hearing officer’s findings “cannot survive judicial review unless the court determines as a matter of law that the hearing examiner’s findings are not supported by substantial evidence.” Sch 2017Board of Funeral Serv., 1998 MT 196, ¶ 14 , 289 Mont. 407 , 961 P.2d 126 (concluding that an agency “may reject the examiner’s findings only if they are not based upon competent, substantial evidence” and abuses its discretion pursuant to § 2-4-704(2)(a)(vi), MCA, if it “reject[s] the hearing examiner’s findings in violation of § 2-4-621(3), MCA”). 1 Consequently, an agency’s rejection or modification of a hearing officer’s findings “cannot survive judicial review unless the court determines as a matter of law that the hearing examiner’s findings are not supported by substantial evidence.” Sch | 1 | 2017–2017 |
Brackman v. Board of Nursing
green
2 sentences1995Brackman v. Board of Nursing (1993), 258 Mont. 200, 205-06 , 851 P.2d 1055, 1058 . 1995Brackman v. Board of Nursing (1993), 258 Mont. 200, 205-06 , 851 P.2d 1055, 1058 . | 1 | 1995–1995 |
Marriage of Cameron v. Cameron
green
2 sentences1983The findings set out the essential and determining facts upon which the District Court rested its conclusions as is required by Cameron v. Cameron (1982), 197 Mont. 226 , 641 P.2d 1057 , 39 St.Rep. 485 , 488. 1983The findings set out the essential and determining facts upon which the District Court rested its conclusions as is required by Cameron v. Cameron (1982), 197 Mont. 226 , 641 P.2d 1057 , 39 St.Rep. 485 , 488. | 1 | 1983–1983 |
Sanger v. Huguenel
neutral
2 sentences1923(See Sanger v. Huguenel, 65 Mont. 236 , 211 Pac. 349 .) Apparently counsel for appellant do not seriously rely on the contention that the assignment or transfer of the stock which was executed August 26, 1911, was procured by false and fraudulent representations, since practically no attention is given it in the brief. 1923(See Sanger v. Huguenel, 65 Mont. 236 , 211 Pac. 349 .) Apparently counsel for appellant do not seriously rely on the contention that the assignment or transfer of the stock which was executed August 26, 1911, was procured by false and fraudulent representations, since practically no attention is given it in the brief. | 1 | 1923–1923 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.