Notes of Decisions
Cited in
142
cases (
23 in the last 5 years), 1979–2026 · leading case:
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014).
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014).
· cites it 129× “Regarding Issue 2, however, it is my view that we should be applying statutory tolling, rather than common law tolling. Thus, as detailed below, I specially concur as to this issue.”
Blackburn v. Blue Mountain Women's Clinic, 951 P.2d 1 (Mont. 1997).
· cites it 113× “Rather, the statute of limitations for negligence claims, codified at § 27-2-204, MCA, and the tolling provisions contained in § 27-2-102, MCA, apply to each of these claims, as well as to Blackburn's allegations of negligence on the part of Dr.”
Orr v. State, 2004 MT 354 (Mont. 2004).
· cites it 22× “Section 27-2-102, MCA. 34 ¶74 In Montana, no cause of action, or suit, for negligence accrues until all elements of the claim exist.”
Uhler v. Doak, 885 P.2d 1297 (Mont. 1994).
· cites it 50× “Since his cause of action had not accrued, according to § 27-2-102(1), MCA, sooner than June 16, the statute of limitations did not commence to run pursuant to subparagraph (2) earlier than that date.”
Nelson v. Nelson, 2002 MT 151 (Mont. 2002).
· cites it 24× “Section 27-2-102(2), MCA. However: [t]he period of limitation does not begin on any claim or cause of action for an injury to person or property until the facts constituting the claim have been discovered or, in the exercise of due diligence, should have been discovered by the…”
Brewington v. Employers Fire Ins., 1999 MT 312 (Mont. 1999).
· cites it 40× “Section 27-2-102, MCA provides: (1) For the purposes of statutes relating to the time within which an action must be commenced: (a) a claim or cause of action accrues when all elements of the claim or cause exist or have occurred, the right to maintain an action on the claim or…”
Rucinsky v. Hentchel, 881 P.2d 616 (Mont. 1994).
· cites it 42× “Section 27-2-102(1)(a), MCA, states in relevant part that a cause of action accrues when all its elements exist or have occurred, the right to maintain an action is complete, and a court is authorized to accept jurisdiction.”
McCormick v. Brevig, 1999 MT 86 (Mont. 1999).
· cites it 26× “In 1987, however, the Montana Legislature amended § 27-2-102, MCA, to address the unique problems presented by self-concealing injuries.”
Kaeding v. WR Grace & Co.-Conn., 1998 MT 160 (Mont. 1998).
· cites it 22× “" Section 27-2-102(1)(a), MCA. Generally, lack of knowledge by the claimant of the claim or cause of action, or its accrual, does not postpone the beginning of the period of limitations.”
Johnston v. Centennial Log Homes & Furnishings, Inc., 2013 MT 179 (Mont. 2013).
· cites it 16× “They argue that the applicable statutes of limitations should have been tolled under the “discovery rule,” which provides: The period of limitation does not begin on any claim or cause of action for injury to person or property until the facts constituting the claim have been…”
— Mont. Code Ann. § 27-2-102(1) — 9 cases
Blackburn v. Blue Mountain Women's Clinic, 951 P.2d 1 (Mont. 1997).
“Rather, the statute of limitations for negligence claims, codified at § 27-2-204, MCA, and the tolling provisions contained in § 27-2-102, MCA, apply to each of these claims, as well as to Blackburn's allegations of negligence on the part of Dr.”
Uhler v. Doak, 885 P.2d 1297 (Mont. 1994).
“Since his cause of action had not accrued, according to § 27-2-102(1), MCA, sooner than June 16, the statute of limitations did not commence to run pursuant to subparagraph (2) earlier than that date.”
McCormick v. Brevig, 1999 MT 86 (Mont. 1999).
“In 1987, however, the Montana Legislature amended § 27-2-102, MCA, to address the unique problems presented by self-concealing injuries.”
— Mont. Code Ann. § 27-2-102(1)(a) — 36 cases
Rucinsky v. Hentchel, 881 P.2d 616 (Mont. 1994).
“Section 27-2-102(1)(a), MCA, states in relevant part that a cause of action accrues when all its elements exist or have occurred, the right to maintain an action is complete, and a court is authorized to accept jurisdiction.”
Orr v. State, 2004 MT 354 (Mont. 2004).
“Section 27-2-102, MCA. 34 ¶74 In Montana, no cause of action, or suit, for negligence accrues until all elements of the claim exist.”
— Mont. Code Ann. § 27-2-102(1)(b) — 5 cases
— Mont. Code Ann. § 27-2-102(2) — 41 cases
Uhler v. Doak, 885 P.2d 1297 (Mont. 1994).
“Since his cause of action had not accrued, according to § 27-2-102(1), MCA, sooner than June 16, the statute of limitations did not commence to run pursuant to subparagraph (2) earlier than that date.”
Brewington v. Employers Fire Ins., 1999 MT 312 (Mont. 1999).
“Section 27-2-102, MCA provides: (1) For the purposes of statutes relating to the time within which an action must be commenced: (a) a claim or cause of action accrues when all elements of the claim or cause exist or have occurred, the right to maintain an action on the claim or…”
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014).
“Regarding Issue 2, however, it is my view that we should be applying statutory tolling, rather than common law tolling. Thus, as detailed below, I specially concur as to this issue.”
Blackburn v. Blue Mountain Women's Clinic, 951 P.2d 1 (Mont. 1997).
“Rather, the statute of limitations for negligence claims, codified at § 27-2-204, MCA, and the tolling provisions contained in § 27-2-102, MCA, apply to each of these claims, as well as to Blackburn's allegations of negligence on the part of Dr.”
— Mont. Code Ann. § 27-2-102(3) — 41 cases
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014).
“Regarding Issue 2, however, it is my view that we should be applying statutory tolling, rather than common law tolling. Thus, as detailed below, I specially concur as to this issue.”
Blackburn v. Blue Mountain Women's Clinic, 951 P.2d 1 (Mont. 1997).
“Rather, the statute of limitations for negligence claims, codified at § 27-2-204, MCA, and the tolling provisions contained in § 27-2-102, MCA, apply to each of these claims, as well as to Blackburn's allegations of negligence on the part of Dr.”
Johnston v. Centennial Log Homes & Furnishings, Inc., 2013 MT 179 (Mont. 2013).
“They argue that the applicable statutes of limitations should have been tolled under the “discovery rule,” which provides: The period of limitation does not begin on any claim or cause of action for injury to person or property until the facts constituting the claim have been…”
— Mont. Code Ann. § 27-2-102(3)(a) — 15 cases
Blackburn v. Blue Mountain Women's Clinic, 951 P.2d 1 (Mont. 1997).
“Rather, the statute of limitations for negligence claims, codified at § 27-2-204, MCA, and the tolling provisions contained in § 27-2-102, MCA, apply to each of these claims, as well as to Blackburn's allegations of negligence on the part of Dr.”
Nelson v. Nelson, 2002 MT 151 (Mont. 2002).
“Section 27-2-102(2), MCA. However: [t]he period of limitation does not begin on any claim or cause of action for an injury to person or property until the facts constituting the claim have been discovered or, in the exercise of due diligence, should have been discovered by the…”
McCormick v. Brevig, 1999 MT 86 (Mont. 1999).
“In 1987, however, the Montana Legislature amended § 27-2-102, MCA, to address the unique problems presented by self-concealing injuries.”
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014).
“Regarding Issue 2, however, it is my view that we should be applying statutory tolling, rather than common law tolling. Thus, as detailed below, I specially concur as to this issue.”
— Mont. Code Ann. § 27-2-102(3)(b) — 10 cases
Blackburn v. Blue Mountain Women's Clinic, 951 P.2d 1 (Mont. 1997).
“Rather, the statute of limitations for negligence claims, codified at § 27-2-204, MCA, and the tolling provisions contained in § 27-2-102, MCA, apply to each of these claims, as well as to Blackburn's allegations of negligence on the part of Dr.”
— Mont. Code Ann. § 27-2-102(3Xb) — 1 case
— Mont. Code Ann. § 27-2-102(4) — 1 case
— Mont. Code Ann. § 27-2-102(a) — 1 case
— Mont. Code Ann. § 27-2-102(l)(a) — 30 cases
Rucinsky v. Hentchel, 881 P.2d 616 (Mont. 1994).
“Section 27-2-102(1)(a), MCA, states in relevant part that a cause of action accrues when all its elements exist or have occurred, the right to maintain an action is complete, and a court is authorized to accept jurisdiction.”
Orr v. State, 2004 MT 354 (Mont. 2004).
“Section 27-2-102, MCA. 34 ¶74 In Montana, no cause of action, or suit, for negligence accrues until all elements of the claim exist.”
— Mont. Code Ann. § 27-2-102(l)(b) — 6 cases
— Mont. Code Ann. § 27-2-102(lXa) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.