Justia Montana Supreme Court Opinion Summaries

In 2013, the district court issued a dissolution decree dissolving the marriage of Melinda Edwards and Jim Edwards. In its decree, the court divided a marital estate valued at $2.25 million. The majority of marital assets were held in Jim’s corporation, Bi Lo Foods, Inc. In an attempt to equitably divide the marital assets, the district court directed Jim to undertake an IRS-regulated divisive reorganization of Bi Lo. The Supreme Court affirmed, holding that the district court (1) did not err in ordering Jim to undertake a divisive reorganization of Bi Lo; and (2) did not abuse its discretion in valuing and distributing the martial estate. View "In re Marriage of Edwards" on Justia Law

Edwin Moreau worked at the W.R. Grace mine from 1963 until 1992. Edwin died of asbestos-related lung cancer in 2009. In 2013, Transportation Insurance, W.R. Grace’s workers’ compensation insurance carrier, accepted liability for Edwin’s medical expenses. Both the Libby Medical Plan, an entity established and funded by W.R. Grace to pay the medical care expenses of employees who were injured by asbestos exposure, and W.R. Grace refused to accept reimbursement from Transportation for the medical expenses the Plan had paid on Edwin’s behalf. Cristita Moreau, as personal representative of Edwin’s estate, demanded that the amount of reimbursement declined by the Plan and W.R. Grace should be paid either to Edwin’s Estate or to a charity selected by the Estate. After Transportation refused to pay the money, Moreau filed this petition to the Workers’ Compensation Court (WCC) to resolve the dispute. The WCC denied the petition, determining that it lacked jurisdiction to hear the matter because Moreau lacked standing. The Supreme Court reversed, holding that the Estate had standing and was entitled to have its petition determined on the merits. Remanded. View "Moreau v. Transp. Ins. Co." on Justia Law

After Defendant was discharged from prison, he was required to register as a sexual offender. The State later charged Defendant with failure to give notice of change of address. Following a jury trial, Defendant was convicted and sentenced to 100 years in the Montana State Prison, with sixty years suspended. The Supreme Court affirmed in part, reversed in part, and remanded, holding (1) Defendant’s ineffective assistance of counsel claim must be raised in a petition for postconviction relief; (2) the district court did not abuse its discretion by allowing the jury to review a portion of the trial transcript during deliberation; and (3) the written judgment unlawfully increased Defendant’s sentence. Remanded. View "State v. Greene" on Justia Law

In 2012, the district court terminated Mother’s parental rights to her twins, finding that Mother had received counseling and subsequently executed a knowing and voluntary relinquishment of her rights. The Supreme Court remanded for the district court to make a determination of whether Mother had received the required relinquishment counseling or whether good cause existed to waive the requirement. On remand, the district court found that the counseling received by Mother satisfied the counseling provisions of Mont. Code Ann. 42-2-409. The Supreme Court affirmed, holding (1) there was substantial evidence to support the district court’s finding that, before signing an affidavit relinquishing her parental rights, Mother received counseling required by section 42-2-409; and (2) a deficiency in the reporting requirement was harmless. View "In re B.J.T.H." on Justia Law