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| Gamble v. Sears, No. DA 06-0172,
SUPREME COURT OF MONTANA, June 5, 2007, Decided
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Overview: Where the parties were mistaken regarding a material fact when they settled the employee's workers' compensation case, the settlement agreement was rescinded. The employee's failure to obtain an authorization to change physicians under Mont. Code Ann. § 39-71-1101(2), did not absolve the employer of liability for the cost of medical treatment.
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| Meagher v. Butte-Silver Bow City-County, No. DA 06-0136,
SUPREME COURT OF MONTANA, June 5, 2007, Decided
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Overview: Given that a buyer was entitled to notice that the trial court was converting the county's motion to dismiss under Mont. R. Civ. P. 12(b)(6) to a motion for summary judgment under Mont. R. Civ. P. 56, and it was not clear that he knew he was facing the latter, the court rejected the claim that the conversion was harmless error.
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| Milanovich v. Schnibben, DA 06-0357,
SUPREME COURT OF MONTANA, June 5, 2007, Decided
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Overview: In a dispute arising from an employment contract, defendant knowingly consented to personal jurisdiction in Montana by agreeing to the clear and unambiguous forum-selection clause. The district court erred by dismissing the case for lack of personal jurisdiction.
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| Schacher v. Cates, DA 06-0540,
SUPREME COURT OF MONTANA, June 5, 2007, Decided
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| Shelton v. State Farm Mut. Auto. Ins. Co., No. DA 06-0214,
SUPREME COURT OF MONTANA, June 5, 2007, Decided
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Overview: Where plaintiff's insurance company failed to settle her UIM claim for three years, she presented genuine issues of material fact as to whether the insurance company violated provisions of the Montana Unfair Trade Practices Act, Mont. Code Ann. § 33-18-201(4), (6). The district court erred by granting summary judgment.
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| State v. Tipton, DA 06-0579,
SUPREME COURT OF MONTANA, June 5, 2007, Decided
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Overview: Defendant's admissions were sufficient to prove that he failed to comply with the rules of his probation under Mont. Code Ann. § 46-18-203(6). The district court did not err by revoking defendant's suspended sentence for felony theft and ordering him to serve four years with the Montana Department of Corrections.
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| Teichrow v. Public Employee Ret. Admin., Cause No. BDV-2006-474,
FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, June 5, 2007, Decided
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| Watkins v. Blackies Fresno Tavern, DA 06-0468,
SUPREME COURT OF MONTANA, June 5, 2007, Decided
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Overview: Where plaintiff caused the dog to react by grabbing for a ball in its mouth, the affirmative defense of provocation applied to her strict liability claim to recover for a dog bite. Mont. Code Ann. § 27-1-702 barred recovery on her negligence claim, because plaintiff was 90% negligent and defendants were 10% negligent.
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| Yellowstone County v. Drew, No. DA 06-0388,
SUPREME COURT OF MONTANA, June 5, 2007, Decided
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Overview: In an administrative appeal of an employment discrimination case, the Thirteenth Judicial District Court, Montana, erred by consolidating two cases pending in different jurisdictions. Under Mont. Code Ann. § 25-2-201, venue was proper in the First Judicial District Court, Montana, which had reviewed the case and was familiar with the issues.
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