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| Miller v. Citibank, Cause No. ADV-2005-394,
FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 7, 2007, Decided
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| Bd. of Trs. v. Cut Bank Pioneer Press, No. DA 06-0074,
SUPREME COURT OF MONTANA, May 8, 2007, Decided
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Overview: Where the local press brought an action under the "right to know" provision of Mont. Const. art. II, § 9, to gain access to documents regarding a school board's disciplinary actions, the Family Educational Rights and Privacy Act, 20 U.S.C.S. § 1232g, did not prevent the public release of redacted student disciplinary records.
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| Brown v. Towe P'ship, No. DA 06-0580,
SUPREME COURT OF MONTANA, May 8, 2007, Decided
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Overview: Although a buyer found error concerning the seller's motion to dismiss brief was not timely filed, the trial court did not grant this motion, but instead granted the seller's summary judgment motion, and the late-filed brief had no impact on that ruling; the court refused to address arguments raised for the first time in a reply brief.
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| Keller v. Trull, No. DA 06-0317,
SUPREME COURT OF MONTANA, May 8, 2007, Decided
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Overview: Trial court erred in not appointing a guardian ad litem for a minor pursuant to Mont. R. Civ. P. 17(b) and Mont. Code Ann. § 40-15-102(4) and the trial court did not hold a hearing as contemplated by Mont. Code Ann. § 40-15-202(1), such that the trial court's order making a temporary order of protection permanent amounted to an abuse of discretion.
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| Lee v. Lee, No. DA 06-0178,
SUPREME COURT OF MONTANA, May 8, 2007, Decided
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Overview: Although the ex-husband claimed to have appealed from the denial of his motion to set aside the dissolution decree under Mont. R. Civ. P. 60(b), it did not appear that any such motion had been filed; the court found that substantial evidence supported the trial court's findings and judgment dissolving the marriage and distributing marital property.
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| Middlemiss v. Foster, No. DA 06-0180,
SUPREME COURT OF MONTANA, May 8, 2007, Decided
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Overview: The trial court did not err in dismissing the complaint of an inmate and his wife against department of corrections employees under Mont. R. Civ. P. 12(b), given the inadequacies of the complaint; the fact that the trial incorrectly found that one employee was not served and thus not subject to any default judgment was harmless.
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| Rothing v. Kallestad, No. 05-186,
SUPREME COURT OF MONTANA, May 8, 2007, Decided
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Overview: Trial court erred in granting a hay seller summary judgment on horse owners' breach of contract claim related to the sale of hay that allegedly caused the death of horses; for purposes of Mont. Code Ann. § 30-2-715, foreseeability was not required if injury proximately resulted from any breach of warranty, and attorney fees were improperly awarded.
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| Sands v. Town of W. Yellowstone, No. DA 06-0085,
SUPREME COURT OF MONTANA, May 8, 2007, Decided
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Overview: Where emergency medical technicians were only paid one hour's wage for every four hours of scheduled on-call time, they sued the Town of West Yellowstone under the Fair Labor Standards Act. The district court erred by resolving the matter by summary judgment under Mont. R. Civ. P. 56. The state supreme court found that material facts were disputed.
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| State v. Gomez, No. 05-651,
SUPREME COURT OF MONTANA, May 8, 2007, Decided
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Overview: Exigent circumstances justified the officers' warrantless search of a duffle bag during the process of dismantling a methamphetamine lab, which posed a potential threat to the safety of the officers, as well as the properties and persons in the immediate area.
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