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| City of Great Falls v. Morris, No. 04-829,
SUPREME COURT OF MONTANA, May 4, 2006, Decided
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Overview: Where defendant was charged with DUI, an instruction permitting the jury to consider evidence of defendant's refusal to submit to a breath test under Mont. Code Ann. § 61-8-404(2) did not shift the burden of proof. An officer's testimony was sufficient to prove that defendant drove carelessly in violation of Mont. Code Ann. § 61-8-302(1).
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| Drew v. Mont. Human Rights Comm'n, Cause No. BDV-2005-247,
FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 4, 2006, Decided
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| Farmers Union Mut. Ins. Co. v. Rumph, Cause No. DV-38-2004-2358,
SIXTEENTH JUDICIAL DISTRICT COURT OF MONTANA, POWDER RIVER COUNTY, May 4, 2006, Decided
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| Gold v. City of Missoula, Cause No. DV-03-46,
FOURTH JUDICIAL DISTRICT COURT OF MONTANA, MISSOULA COUNTY, May 4, 2006, Decided
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| In re Marriage of Sharper, Docket No. CDR-2006-118,
FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 4, 2006, Decided
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| Martz v. Beneficial Montana, Inc., No. 04-716,
SUPREME COURT OF MONTANA, May 4, 2006, Decided
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Overview: A consumer loan transaction containing an arbitration provision in the refinancing agreement was governed by the Federal Arbitration Act, 9 U.S.C.S. § 2. The district court properly compelled arbitration of the consumer's lawsuit alleging that the loan contracts violated Montana's Consumer Loan Act and Montana's Unfair Trade Practices Act.
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| McHenry v. Employee Benefits Management Svc., Cause No. DV-02-466,
EIGHTEENTH JUDICIAL DISTRICT COURT OF MONTANA, GALLATIN COUNTY, May 4, 2006, Decided
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| State v. Gustafson, Cause No. DC-05-015,
NINTH JUDICIAL DISTRICT COURT OF MONTANA, TOOLE COUNTY, May 4, 2006, Decided
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| Sunday v. Harboway, No. 05-078,
SUPREME COURT OF MONTANA, May 4, 2006, Decided
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Overview: Where a deed created an easement around the neighbors' parcel, appellant's property did not abut the easement; there was no easement as far as appellant's land was concerned without a dominant tenement under Mont. Code Ann. § 70-17-103. Appellant did not have a prescriptive road easement, since the neighbors refused access without permission.
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