Justia Montana Supreme Court Opinion Summaries

Former students of the University of Montana filed a class action lawsuit against the university, alleging mishandling of student loan reimbursement payments. They claimed that the university's contract with Higher One Holdings, Inc. subjected them to excessive bank fees and unlawfully disclosed their personal information without consent. The university had contracted with Higher One from 2010 to 2015 to process student loan reimbursements, which involved issuing debit cards and charging various fees.The District Court of the Fourth Judicial District in Missoula County certified three classes of plaintiffs but was later partially reversed by the Montana Supreme Court, which upheld the certification of two classes and reversed the third. The case proceeded to a jury trial, where the jury found in favor of the university, concluding that it did not breach its fiduciary duty, violate privacy rights, or unjustly enrich itself.The Supreme Court of the State of Montana reviewed the case on appeal. The students raised several issues, including the admissibility of evidence regarding their banking practices, the testimony of the university's expert witness, the university's closing arguments, the admission of a fee comparison chart, and the refusal of a burden-shifting jury instruction. The court found that the District Court did not abuse its discretion in its evidentiary rulings, including allowing the university to present evidence about students' banking practices and admitting the fee comparison chart. The court also held that the expert witness's testimony was permissible and that the university's closing arguments did not prejudice the students' right to a fair trial.Ultimately, the Supreme Court of Montana affirmed the District Court's judgment in favor of the University of Montana, upholding the jury's verdict. View "Knudsen v. U. of M." on Justia Law

Brandon James Caldwell and Jenny Lynn Caldwell were married in 2008 and later moved to Montana. They separated in June 2020, and Jenny filed for dissolution of marriage, proposing a parenting plan for their three minor children. The District Court issued several interim parenting plans but did not finalize one. The couple reached a Property Settlement Agreement in April 2021, agreeing to divide their assets, including two homes. Disputes arose over the appraisal of their marital home in Highwood, Montana, leading to further court proceedings.The District Court of the Eighth Judicial District, Cascade County, held multiple hearings and allowed a second appraisal of the Highwood property, despite Brandon's objections. The court found the initial appraisal undervalued the property and ordered a new appraisal to ensure an equitable division of assets. The final decree, issued in March 2024, included the second appraisal's value but did not incorporate a final parenting plan, which was an oversight.The Montana Supreme Court reviewed the case. It affirmed the District Court's decision to allow a second appraisal and use its value for property division, finding no abuse of discretion. The court emphasized the need for accurate property valuation to achieve equitable distribution. However, the Supreme Court remanded the case for the District Court to issue a final parenting plan based on the existing record, as required by Montana law. The final decree was otherwise affirmed. View "Marriage of: Caldwell" on Justia Law

Planned Parenthood of Montana and Dr. Samuel Dickman challenged three laws passed by the 2021 Montana Legislature regulating abortion care. The laws included a 20-week ban on abortions (HB 136), restrictions on medication abortions and requirements for informed consent (HB 171), and a mandate for providers to offer patients the opportunity to view an ultrasound and listen to a fetal heart tone before an abortion (HB 140).The Thirteenth Judicial District Court granted a preliminary injunction against the enforcement of these laws, which was affirmed by the Montana Supreme Court. Following discovery, the District Court granted summary judgment to the plaintiffs, concluding that the laws violated the Montana Constitution's guarantees of individual privacy, equal protection, and free speech. The court permanently enjoined the enforcement of all three laws.The Montana Supreme Court reviewed the case and affirmed the District Court's decision. The Court held that the 20-week ban on abortions (HB 136) violated the right to privacy because it prohibited pre-viability abortions and was not justified by a compelling state interest. The Court also found that the restrictions on medication abortions and the informed consent requirements (HB 171) infringed on the right to privacy and free speech, as they imposed unnecessary burdens on patients and providers without addressing a bona fide health risk. Lastly, the Court held that the mandate to offer patients the opportunity to view an ultrasound and listen to a fetal heart tone (HB 140) violated the right to privacy by interfering with the patient-provider relationship without a compelling state interest.The Montana Supreme Court affirmed the District Court's judgment, permanently enjoining the enforcement of the challenged laws. View "Planned Parenthood v. State" on Justia Law

K.B. (Mother) appealed the Thirteenth Judicial District Court's order terminating her parental rights to her daughter, P.E.W., arguing that the Montana Department of Public Health and Human Services Child and Family Services Division (Department) failed to engage in active efforts to assist her in reunifying with her Indian child, and that the District Court wrongly approved a non-Native American foster placement for P.E.W., in violation of the Indian Child Welfare Act (ICWA).The District Court had removed K.B.'s children, B.J.B. and P.E.W., from her care due to allegations of physical neglect and abuse. The Department filed a petition for emergency protective services, adjudication as youth in need of care, and temporary legal custody. The court adjudicated P.E.W. as a youth in need of care, granted temporary legal custody to the Department, and determined that ICWA applied. The Department developed a treatment plan for K.B., but she failed to comply consistently. The Department made extensive efforts to assist K.B., including providing transportation, financial assistance, and facilitating visitations. Despite these efforts, K.B. struggled with chemical dependency, unstable housing, and compliance with treatment programs. The District Court extended temporary legal custody multiple times and ultimately terminated K.B.'s parental rights, finding that the Department had made active efforts as required by ICWA and that continued custody by K.B. would likely result in serious emotional or physical damage to P.E.W.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court's decision. The court held that the Department had made active efforts to reunify K.B. with her child, as required by ICWA, and that the District Court did not abuse its discretion in terminating K.B.'s parental rights. The court also found that good cause existed to deviate from ICWA's placement preferences due to the lack of suitable ICWA-compliant placements and the specialized needs of P.E.W. View "In re P.E.W." on Justia Law

The case involves the termination of a mother's parental rights to her child due to her ongoing struggles with substance abuse, domestic violence, and instability. The Department of Public Health and Human Services petitioned for emergency protective services and temporary legal custody of the child, who was already living with the paternal grandmother. Despite the mother’s participation in various treatment programs, she failed to maintain sobriety and stability, leading to the Department's petition to terminate her parental rights.The Thirteenth Judicial District Court, Yellowstone County, held a contested termination hearing and subsequently issued an order terminating the mother's parental rights while denying the petition to terminate the father's rights. The mother appealed, arguing that the termination of her rights was not in the child's best interests, especially since the father's rights were not terminated.The Supreme Court of the State of Montana reviewed the case, focusing on whether the District Court abused its discretion in terminating the mother's parental rights while continuing reunification efforts with the father. The court found that the District Court made sufficient findings and conclusions to support its decision under the relevant statute, which allows for the termination of parental rights if the parent has not complied with or successfully completed a court-ordered treatment plan and if the parent's condition is unlikely to change within a reasonable time.The Supreme Court affirmed the District Court's decision, concluding that the termination of the mother's parental rights was supported by clear and convincing evidence and was in the child's best interests, regardless of the father's situation. View "In re B.J.B." on Justia Law

In 1992, the defendant was sentenced to 100 years in prison for deliberate homicide, with an additional 10-year enhancement for weapon use. In 2008, he became parole eligible but was consistently denied parole. In 2018, he planned an escape from prison, involving two former prisoners. He used a cellphone to coordinate the escape, but prison staff discovered his plan and transferred him to more secure housing. Despite this, he continued to communicate with one of the former prisoners to delete incriminating evidence.The Third Judicial District Court in Powell County found the defendant guilty of Conspiracy to Commit Escape and Conspiracy to Commit Tampering With or Fabricating Physical Evidence. He was sentenced to 8 years for each count, to run concurrently but consecutively to his prior sentence. The court dismissed charges of Transferring of Illegal Articles and Solicitation to Commit Unlawful Possession of a Firearm by a Convicted Person. The defendant appealed, arguing his sentence violated his First Amendment rights and that there was insufficient evidence for the tampering conviction. He also sought pretrial credit for time served.The Supreme Court of the State of Montana reviewed the case. The court held that the defendant did not properly object to his sentence on First Amendment grounds during the trial, and thus did not preserve the issue for appeal. The court also found sufficient evidence to support the tampering conviction, as the defendant's actions demonstrated an intent to delete incriminating evidence. Lastly, the court ruled that the defendant was not entitled to pretrial credit for time served, as he was already serving a sentence for a prior conviction and was not detained specifically for the new charges. The court affirmed the lower court's decision. View "State v. Demarie" on Justia Law

Cascade County discovered petroleum contamination under a county shop complex in 1996 and notified the Department of Environmental Quality (DEQ). A 2000 report identified the contamination source as four county-owned tanks. The DEQ approved a corrective action plan in 2006, and the County requested the site be designated as a multiple release site for reimbursement eligibility, which the DEQ declined. The County completed remediation in 2008 and submitted receipts to the Montana Petroleum Tank Release Compensation Board, but the costs exceeded the statutory maximum for a single release. The Board indicated further reimbursement requests would be denied.The County sought a writ of mandamus to compel the DEQ to assign multiple release numbers, but the DEQ and the County eventually stipulated to dismiss the action in 2013. The County then filed four separate applications for reimbursement in 2014, which the Board denied, stating the DEQ had classified all contaminations under a single release number. The County contested this, and a Hearing Examiner found four discrete releases but ruled the claims were time-barred. The Board adopted most of the Examiner's findings but rejected the conclusion of four releases. The district court later ruled in favor of the County, and the Montana Supreme Court affirmed, directing the Board to reimburse the County.The Montana Supreme Court reviewed the case and determined that the Board had a clear legal duty to review the County's reimbursement claims, despite the County not submitting them in the manner required by Board regulations. The Court held that the Board must review and determine the eligibility of the claims submitted by the County for reimbursement of remediation costs. The District Court's order denying the County's writ of mandamus was reversed, and the case was remanded with instructions to issue the alternative writ of mandate. View "Cascade v. Petroleum Tank Release Compensation Board" on Justia Law

Mark Mullee, an expert-level skier, was injured at Whitefish Mountain Resort (WMR) after losing control on a beginner-level ski trail and falling down an embankment into a streambed. Mullee had skied this trail over 100 times before the accident. On January 16, 2019, he lost control after exiting a skier’s tunnel and fell, seriously injuring his hip. Mullee claimed that Winter Sports, Inc. (WSI), the operator of WMR, was negligent for not maintaining a fence that would have prevented his fall.The Eleventh Judicial District Court, Flathead County, granted summary judgment in favor of WSI, determining that WSI had no duty to maintain a fence capable of catching Mullee and preventing his fall. The court found that Mullee’s accident was an inherent risk of skiing, for which WSI was not liable under the Montana Skier Responsibility Act (MSRA). The court also granted summary judgment on Mullee’s premises liability claim.The Supreme Court of the State of Montana reviewed the case and affirmed the lower court’s decision. The court held that WSI did not owe a duty of reasonable care to install and maintain fencing to catch Mullee after he lost control. The court emphasized that skiing involves inherent risks, including collisions with natural objects and variations in terrain, which skiers must accept. The court also noted that imposing such a duty on ski area operators would be contrary to public policy and the economic viability of the ski industry. Therefore, the court concluded that WSI was not negligent and upheld the summary judgment in favor of WSI. View "Mullee v. Winter Sports" on Justia Law

Montana Environmental Information Center and Earthworks (MEIC) submitted a formal information request to the Office of the Governor of Montana on November 29, 2021. The request sought various documents related to the Montana Department of Environmental Quality’s (DEQ) dismissal of an enforcement action against Hecla Mining and its President/CEO, as well as information on the Governor’s Office’s involvement in mining and environmental decision-making. The Governor’s Office did not respond to the request, prompting MEIC to follow up multiple times. When the requested records were not provided, MEIC filed a lawsuit against the Governor’s Office, seeking to compel production of the information.The First Judicial District Court of Lewis and Clark County found that the Governor’s Office had a clear legal duty to honor MEIC’s request and issued a writ of mandamus compelling the production of the information. The Governor’s Office initially appealed but later stipulated to dismissal. MEIC then requested attorney’s fees, which the District Court denied, citing the Governor’s Office’s lack of bad faith and the potential for MEIC to obtain the information through other means.The Supreme Court of the State of Montana reviewed the case and addressed whether a party who successfully vindicates its right to know under the Montana Constitution is entitled to a presumption towards awarding attorney’s fees. The Court held that there should be a presumption towards awarding attorney’s fees to plaintiffs who successfully enforce their right to know, as this encourages public engagement and enforcement of constitutional rights. The Court vacated the District Court’s order and remanded the case for reconsideration of the attorney’s fees request, considering the presumption towards awarding fees and costs. View "MEIC v. Governor" on Justia Law

In May 2020, Tommy Jonathan Seth Dellar was receiving dialysis treatment at DaVita Dialysis when he exhibited symptoms of PTSD. After being asked to lower his noise level by technician Ashley Cray, Dellar demanded to be taken off the machine and made threatening statements towards Cray and others in the facility. Law enforcement found Dellar outside the center, where he reiterated his threats. Dellar was charged with felony intimidation under Montana law.The Eighth Judicial District Court in Cascade County held a one-day jury trial in November 2022. Dellar moved for a directed verdict based on insufficient evidence, which the court denied. Dellar also requested that disorderly conduct be considered as a lesser-included offense, but the court rejected this request. The jury found Dellar guilty of felony intimidation. At sentencing, Dellar requested a waiver of all fees, and the State stipulated to waive all except the $50 victim surcharge, which the court imposed.The Supreme Court of the State of Montana reviewed the case. The court held that there was sufficient evidence for the jury to consider whether Dellar had the intended purpose to cause Cray to perform the act of removing him from dialysis when he made his statements. The court also held that disorderly conduct is not a lesser-included offense of intimidation as a matter of law, as each offense requires proof of at least one element the other does not. Additionally, the court found that Dellar’s ineffective assistance claim was not record-based and not suitable for review on direct appeal. Finally, the court concluded that the District Court did consider Dellar’s ability to pay the $50 victim surcharge. The Supreme Court affirmed the lower court's decisions. View "State v. Dellar" on Justia Law