Montana Code Annotated

Mont. Code Ann. § 39-2-703 (2026)

Repealed

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TITLE 39. LABOR

CHAPTER 2. THE EMPLOYMENT RELATIONSHIP

Part 7. General Liability Arising From Employment Relationship

Repealed

39-2-703. Repealed. Sec. 7, Ch. 117, L. 2021.

History: (1), (2)En. Secs. 1, 2, Ch. 1, L. 1905; re-en. Secs. 5251, 5252, Rev. C. 1907; re-en. Secs. 7766, 7767, R.C.M. 1921; re-en. Secs. 7766, 7767, R.C.M. 1935; Secs. 41-111, 41-112, R.C.M. 1947; (3), (4)En. Secs. 1, 3, Ch. 83, L. 1903; re-en. Secs. 5245, 5247, Rev. C. 1907; re-en. Secs. 7760, 7762, R.C.M. 1921; re-en. Secs. 7760, 7762, R.C.M. 1935; Secs. 41-105, 41-107, R.C.M. 1947; R.C.M 1947, 41-105, 41-107, 41-111, 41-112; amd. Sec. 5, Ch. 397, L. 1979; amd. Sec. 1479, Ch. 56, L. 2009.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2000–2021 · leading case: Winslow v. Montana Rail Link, Inc., 2005 MT 217, 121 P.3d 506.
Winslow v. Montana Rail Link, Inc., 2005 MT 217, 121 P.3d 506. · cites it 53× “¶4 The following issues are dispositive on appeal: ¶5 Did the District Court err in denying MRL’s summary judgment and Rule 50(b) motions by incorrectly concluding that § 39-2-703, MCA, provides Winslow with a statutory cause of action? ¶6 Did the District Court err in denying…”
Haux v. Montana Rail Link, Inc., 2004 MT 233, 97 P.3d 540. · cites it 84× “Whether § 39-2-703, MCA, expressly provides for a cause of action regarding mismanagement? ¶4 2.”
Winslow v. Montana Rail Link, Inc., 2000 MT 292, 16 P.3d 992. · cites it 56× “Did the District Court err in dismissing the claim for negligent mismanagement for lack of subject matter jurisdiction ? ¶ 15 In his complaint, Winslow alleges that MRL negligently "mismanaged" its investigation into the hernia injury and, thus, MRL is subject to liability under…”
Sieglock v. Burlington N. Santa Fe Ry. Co., 2003 MT 355, 81 P.3d 495. · cites it 5× “They based their cause of action upon BNSF’s wrongful publication of private facts and private information, breach of fiduciary duty, and negligent management based upon § 39-2-703, MCA. Sieglock filed a motion seeking class certification and the District Court held a hearing on…”
Haux v. Montana Rail Link, Inc., 2004 MT 233, 97 P.3d 540. · cites it 84× “Whether § 39-2-703, MCA, expressly provides for a cause of action regarding mismanagement? ¶ 4 2.”
Voelker v. BNSF Ry. Co., No. 9:18-cv-00172 (D. Mont. Oct. 26, 2020). · cites it 9× “§ 60 ; (3) violation of Montana Code Annotated § 39-2-703; (4) negligent infliction of emotional distress; and (5) intentional infliction of emotional distress.”
English v. BNSF Ry. Co., No. 4:18-cv-00077 (D. Mont. Mar. 9, 2021). · cites it 2× “He alleged the defendants had terminated him in violation of state tort law, primarily violating §39-2-703, MCA, that makes railroad companies liable for all damages suffered by an employee due to negligent or willful mismanagement.”
English v. BNSF Ry. Co., No. 4:18-cv-00077 (D. Mont. Mar. 30, 2021). · cites it 2× “He alleged the defendants had terminated him in violation of state tort law, primarily violating §39-2-703, MCA, that makes railroad companies liable for all damages suffered by an employee due to negligent or willful mismanagement.”
Voelker v. BNSF Ry. Co., No. 9:18-cv-00172 (D. Mont. Oct. 20, 2020). “§ 60 ; (3) violation of Montana Code Annotated § 39-2-703; (4) negligent infliction of emotional distress; and (5) intentional infliction of emotional distress.”
Mont. Code Ann. § 39-2-703(1): 5 cases
Haux v. Montana Rail Link, Inc., 2004 MT 233, 97 P.3d 540. “Whether § 39-2-703, MCA, expressly provides for a cause of action regarding mismanagement? ¶4 2.”
Winslow v. Montana Rail Link, Inc., 2005 MT 217, 121 P.3d 506. “¶4 The following issues are dispositive on appeal: ¶5 Did the District Court err in denying MRL’s summary judgment and Rule 50(b) motions by incorrectly concluding that § 39-2-703, MCA, provides Winslow with a statutory cause of action? ¶6 Did the District Court err in denying…”
Winslow v. Montana Rail Link, Inc., 2000 MT 292, 16 P.3d 992. “Did the District Court err in dismissing the claim for negligent mismanagement for lack of subject matter jurisdiction ? ¶ 15 In his complaint, Winslow alleges that MRL negligently "mismanaged" its investigation into the hernia injury and, thus, MRL is subject to liability under…”
Haux v. Montana Rail Link, Inc., 2004 MT 233, 97 P.3d 540. “Whether § 39-2-703, MCA, expressly provides for a cause of action regarding mismanagement? ¶ 4 2.”
Voelker v. BNSF Ry. Co., No. 9:18-cv-00172 (D. Mont. Oct. 26, 2020). “§ 60 ; (3) violation of Montana Code Annotated § 39-2-703; (4) negligent infliction of emotional distress; and (5) intentional infliction of emotional distress.”
Mont. Code Ann. § 39-2-703(2): 2 cases
Haux v. Montana Rail Link, Inc., 2004 MT 233, 97 P.3d 540. “Whether § 39-2-703, MCA, expressly provides for a cause of action regarding mismanagement? ¶4 2.”
Haux v. Montana Rail Link, Inc., 2004 MT 233, 97 P.3d 540. “Whether § 39-2-703, MCA, expressly provides for a cause of action regarding mismanagement? ¶ 4 2.”
Mont. Code Ann. § 39-2-703(4): 2 cases
Haux v. Montana Rail Link, Inc., 2004 MT 233, 97 P.3d 540. “Whether § 39-2-703, MCA, expressly provides for a cause of action regarding mismanagement? ¶4 2.”
Haux v. Montana Rail Link, Inc., 2004 MT 233, 97 P.3d 540. “Whether § 39-2-703, MCA, expressly provides for a cause of action regarding mismanagement? ¶ 4 2.”
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.