Denturist Assoc. v Montana DOL

The Denturist Association of Montana (Association), on behalf of denturist Carl Brisendine, filed suit against the Board of Dentistry, challenging the validity of A.R.M. 24.138.2302(1)(j) (Rule J), the latest in a long line of legal disputes between the two. "Wiser v. Montana," (129 P.3d 133 (Wiser I)) and "Wiser v. Board of Dentistry," (Wiser II)) either implicitly or explicitly claimed that the Board's promulgation of Rule J was invalid because it conflicted with statute. The Wiser I plaintiffs (comprised of every denturist in Montana) made their claims "on behalf of the profession of denturitry." Wiser I plaintiffs lost their challenge to the Board's authority. The Wiser II plaintiffs, comprised of a smaller group of denturists, attempted to distinguish themselves from the Wiser I plaintiffs, but the Court saw no distinction in their capacity to challenge the Board’s promulgation of Rule J as individuals rather than as representatives of a group. The Court barred the Wiser II plaintiffs’ claims on res judicata grounds. In this case, Brisendine’s complaint contains three counts: Count 1 Rule J was discriminatory and restrained trade, and that the Board violated Montana law by discriminatorily applying its disciplinary rules: being unduly harsh on denturists while giving leniency to dentists. Counts II and III alleged Rule J was invalid because it conflicted with various statutes. Brisendine moved for summary judgment on Count II, and the Board filed a cross-motion for summary judgment on all counts. The District Court, citing Wiser I and II, held Brisendine’s claims were barred by res judicata as a matter of law. Brisendine appealed. The Supreme Court concluded that privity existed between the litigants in the Wiser cases and Brisendine. Because privity exists and the other elements of claim preclusion were not contested with respect to Counts II and III, the Court affirmed the District Court’s grant of summary judgment to the Board on those claims on res judicata grounds. Brisendine's claim in Count I was an entirely different claim than those made in the Wiser cases, and the District Court erred when it granted summary judgment to the Board on this claim. View "Denturist Assoc. v Montana DOL" on Justia Law