personal injury claim (Montana) · Go Syfert
← Montana issues

personal injury claim in Montana

7 Montana opinions name it 1 courts 1984–2014 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 (2)

CaseFollowedCited
In Re the Marriage of Durbingreen
mont · 1991 · cited in 1 Montana opinions naming this issue, 2014–2014
2 sentences

2014See In re Marriage of Durbin, 251 Mont. 51, 60-61 , 823 P.2d 243, 248-49 (1991).

2014See In re Marriage of Durbin, 251 Mont. 51, 60-61 , 823 P.2d 243, 248-49 (1991).

11
Troxel v. Granvillegreen
scotus · 2000 · cited in 1 Montana opinions naming this issue, 2013–2013
2 sentences

2013Snyder v. Spaulding, 2010 MT 151, ¶ 12 , 357 Mont. 34 , 235 P.3d 578 (citing Troxel v. Granville, 530 U.S. 57, 65 , 120 S. Ct. 2054, 2060 (2000)).

2013Snyder v. Spaulding, 2010 MT 151, ¶ 12 , 357 Mont. 34 , 235 P.3d 578 (citing Troxel v. Granville, 530 U.S. 57, 65 , 120 S. Ct. 2054, 2060 (2000)).

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
Allstate Insurance v. Reitler green
mont · 1981
2 sentences

2014Co. v. Reitler, 192 Mont. 351 , 628 P.2d 667 (1981), explaining that we had reached the correct result “not because there was a prohibited assignment of a personal injury claim, but because of the public policy reasons expressed therein . . . and because Allstate’s right to reimbursement via subrogation was dependent upon the ability of the indemnified party to sue the tortfeasor.” Youngblood, 262 Mont. at 397 , 866 P.2d at 206 .

2014Co. v. Reitler, 192 Mont. 351 , 628 P.2d 667 (1981), explaining that we had reached the correct result “not because there was a prohibited assignment of a personal injury claim, but because of the public policy reasons expressed therein . . . and because Allstate’s right to reimbursement via subrogation was dependent upon the ability of the indemnified party to sue the tortfeasor.” Youngblood, 262 Mont. at 397 , 866 P.2d at 206 .

21993–2014
Youngblood v. American States Insurance green
mont · 1993
2 sentences

2014Co. v. Reitler, 192 Mont. 351 , 628 P.2d 667 (1981), explaining that we had reached the correct result “not because there was a prohibited assignment of a personal injury claim, but because of the public policy reasons expressed therein . . . and because Allstate’s right to reimbursement via subrogation was dependent upon the ability of the indemnified party to sue the tortfeasor.” Youngblood, 262 Mont. at 397 , 866 P.2d at 206 .

2014Co. v. Reitler, 192 Mont. 351 , 628 P.2d 667 (1981), explaining that we had reached the correct result “not because there was a prohibited assignment of a personal injury claim, but because of the public policy reasons expressed therein . . . and because Allstate’s right to reimbursement via subrogation was dependent upon the ability of the indemnified party to sue the tortfeasor.” Youngblood, 262 Mont. at 397 , 866 P.2d at 206 .

12014–2014
DeTienne Associates Ltd. Partnership v. Farmers Union Mutual Insurance green
mont · 1994
2 sentences

2014In DeTienne we cited Youngblood in refusing to strictly interpret a subrogation clause, instead emphasizing the equitable “purpose of subrogation.” DeTienne, 266 Mont. at 189 , 879 P.2d at 707 .

2014In DeTienne we cited Youngblood in refusing to strictly interpret a subrogation clause, instead emphasizing the equitable “purpose of subrogation.” DeTienne, 266 Mont. at 189 , 879 P.2d at 707 .

12014–2014
Snyder v. Spaulding green
mont · 2010
2 sentences

2013Snyder v. Spaulding, 2010 MT 151, ¶ 12 , 357 Mont. 34 , 235 P.3d 578 (citing Troxel v. Granville, 530 U.S. 57, 65 , 120 S. Ct. 2054, 2060 (2000)).

2013Snyder v. Spaulding, 2010 MT 151, ¶ 12 , 357 Mont. 34 , 235 P.3d 578 (citing Troxel v. Granville, 530 U.S. 57, 65 , 120 S. Ct. 2054, 2060 (2000)).

12013–2013
In Re the Custody of C.J.K. green
mont · 1993
2 sentences

1995“The purpose of a pleading is to provide notice before trial to the opposing party of the specific relief being sought so that both parties have an opportunity to present evidence on the issues in dispute.” Matter of Custody of C.J.K. (1993), 258 Mont. 525, 527 , 855 P.2d 90, 91 .

1995“The purpose of a pleading is to provide notice before trial to the opposing party of the specific relief being sought so that both parties have an opportunity to present evidence on the issues in dispute.” Matter of Custody of C.J.K. (1993), 258 Mont. 525, 527 , 855 P.2d 90, 91 .

11995–1995
Rudeck v. Wright green
mont · 1985
2 sentences

1994Rudeck, 709 P.2d at 624 .

1994Rudeck, 709 P.2d at 624 .

11994–1994
Caledonia Insurance v. Northern Pacific Railway Co. neutral
mont · 1905
2 sentences

1984That a personal injury claim could not be assigned was established in Caledonia Insurance Co. v. Northern Pacific Railroad Co. (1905), 32 Mont. 46 , 79 P. 544 .

1984That a personal injury claim could not be assigned was established in Caledonia Insurance Co. v. Northern Pacific Railroad Co. (1905), 32 Mont. 46 , 79 P. 544 .

11984–1984
Gerena v. Lamela neutral
prsupreme · 1956
2 sentences

1984That a personal injury claim could not be assigned was established in Caledonia Insurance Co. v. Northern Pacific Railroad Co. (1905), 32 Mont. 46 , 79 P. 544 .

1984That a personal injury claim could not be assigned was established in Caledonia Insurance Co. v. Northern Pacific Railroad Co. (1905), 32 Mont. 46 , 79 P. 544 .

11984–1984

Where else courts name it

TX 114 (1979–2026) CA 86 (1953–2025) IL 82 (1912–2021) NY 76 (1962–2026) MO 62 (1967–2025) NJ 51 (1961–2025) PA 43 (1923–2026) OH 42 (1992–2025) FL 40 (1961–2026) GA 38 (1969–2024) IN 37 (1949–2026) MS 36 (1978–2026) LA 34 (1957–2020) KY 30 (1912–2025) CO 29 (1981–2025) AZ 29 (1967–2022) WA 28 (1988–2026) CT 25 (1973–2022) MN 25 (1917–2024) WI 23 (1964–2026) VA 22 (1962–2025) AL 22 (1961–2025) MD 22 (1986–2022) WV 21 (1986–2023) IA 19 (1980–2025) OR 18 (1970–2024) NC 18 (1984–2019) MA 16 (1983–2023) MI 16 (1966–2026) TN 15 (1913–2023) KS 14 (1972–2026) DE 12 (1985–2024) UT 11 (1983–2022) NE 10 (1989–2024) RI 10 (1972–2018) ND 10 (1989–2023) SC 10 (1971–2024) NM 9 (1975–2024) ME 9 (1984–2007) SD 8 (1975–2026) MT 7 (1984–2014) DC 6 (1982–2020) VT 5 (1998–2015) NH 4 (2007–2023) AR 4 (1988–2020) OK 4 (1972–2025) AK 3 (1991–2023) NV 3 (1996–2023) HI 2 (1987–2016) VI 2 (2009–2015) WY 2 (1998–2004)

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.

← Caselaw search · G Cite Topics · Brief Check