Williston Basin Interstate Pipeline Company (Williston) claims that it has lost and is continuing to lose natural gas stored in its Elk Basin Storage Reservoir due to the operation of gas production wells owned by Howell Petroleum Corporation and Anadarko Petroleum Corporation (Howell/ Anadarko). Two of those wells are located within the lateral boundaries of Williston's storage reservoir, b... More...   $0 (05-10-2008 - MT)

Samantha Chilcote sued the Fireman's Insurance Company on a bad faith breach of contract theory claiming that Fireman's acted in bad faith when it denied her insurance claim. In January 2003, Chilcote, a 32-year-old salmon ecologist, suffered permanent brain injuries in a head-on car collision on U.S. Highway 2. She was not at fault in the accident, and her damages exceeded the amount of the othe... More...   $5300000 (04-18-2008 - MT)

Progressive Casualty Insurance Company ("Progressive") appeals the district court's summary judgment in favor of Arlene Owen ("Arlene") and its denial of summary judgment in favor of Progressive. Progressive argues that the district court improperly rewrote an insurance policy issued to Owen Trucking to include Arlene as a named insured. Progressive also argues that the district court erred ... More...   $0 (03-27-2008 - MT)

This case involves a custody dispute concerning an Indian child, Lexie. After the untimely death of Lexie's mother, Lexie's maternal aunt, Defendant Linda L. Flynn Hanson, sought custody through Defendant Fort Peck Tribal Court ("Tribal Court"). The Tribal Court granted temporary custody to Lexie's maternal grandmother pending the outcome of the custody dispute. Lexie's non-Indian fathe... More...   $0 (01-19-2008 - MT)

Betty Jane Black disembarked from a SkyWest Airlines airplane, slipped and fell, and suffered injuries that allegedly led to her death. Plaintiff Joy Black Summers, Mrs. Black's daughter-in-law and the personal representative of her estate, brought suit against Defendants Delta Airlines and SkyWest Airlines, alleging that Defendants negligently failed to provide wheelchair assistance to... More...   $0 (11-29-2007 - MT)

1 The Czajkowskis and Meyers both own property and reside in Yellowstone Gateway Estates, a five-parcel subdivision in Livingston, Montana. The property of all five homeowners in this subdivision is subject to restrictive covenants. The Czajkowskis sued the Meyers for breach of the covenants pertaining to new construction on and improvements to the Meyers' property. The Czajkowskis did not as... More...   $10000 (11-13-2007 - MT)

2 The sole issue on appe... More...   $0 (10-22-2007 - MT)

We are called upon to decide whether the University of Montana may impose a dollar limit on what a student may spend on his campaign for student office. The University's limit did not affect how the money could be spent; rather, it directly told a student how much he could spend to get elected. The Federal Election Campaign Act of 1971 could not tell James Buckley how much of his money ... More...   $0 (06-06-2007 - MT)

Fifteen former Montana Power executives sued NorthWestern Corporation of South Dakota on a breach of contract and tort theories claiming that Defendant wrongfully stopped paying Plaintiffs' supplemental pensions in 2004.... More...   $17400000 (02-23-2007 - MT)

The dispute arises out of a sex discrimination claim by Kathy Carson against the Billings, Montana Police department and several individuals. She prevailed, in state and federal tribunals. After a six day hearing, a state administrative law judge found in her favor, and ordered relief, which was increased on appeal. After the agency's final decision was rendered, Carson filed this 42 U.S.... More...   $122857 (12-12-2006 - MT)

We consider for the first time in this circuit whether the jurisdictional facts supporting removal of an action from state court to federal court must be apparent from the face of the initial pleading or whether the mere spectre of removability triggers a duty of inquiry. Specifically, is removability determined by the face of the initial pleading or by defendant's knowledge, constructive... More...   $0 (10-11-2005 - MT)

1 Valley Ice Garden, L.L.C. and Valley Ice Garden Management, L.L.C. (hereinafter collectively referred to as VIG) and William Martel (Martel) appeal the judgment of the Eighteenth Judicial District Court, Gallatin County, that the termination of Plaintiff David G. Cole (Cole) as the hockey coach for the Bozeman Ice Dogs (the Ice Dogs) was without cause. We affirm in part and reverse and rema... More...   $0 (02-14-2005 - MT)

This intellectual property case pits the sport of extreme kayaking against the iconic American timepiece, Timex. In an effort to update its image, Timex Corporation ("Timex") arranged with Polar Bear Productions ("Polar Bear") to produce film footage featuring some of the stars of whitewater kayaking, paddling through exotic locales in North and South America and using equipment bearing... More...   $115000 (10-28-2004 - MT)

Bad faith breach of contract claim by Ardell and Robert "Lonnie" Hern of Polson against Safeco Insurance Company for failing to pay benefits to the plaintiffs under and uninsured motorist policy issued to them after their daughter was killed in a motorcycle accident in 1992. ... More...   $4000000 (06-24-2004 - MT)

Breach of contract and misappropriation of trade secrets claims by American Eagle Instruments, Inc. v. Jerry Lindman, Sue Lindman and Clinical Technologies, Inc. relating to the development and marketing of a special lubricating oil invented by Lindman. The parties entered into an agreement in 1996 in which American Eagle created a spin-off named American Eagle Technologies to market the Techlube... More...   $1291711 (02-15-2004 - MT)

On September 9, 1996, while riding as a passenger in a Jeep Cherokee that she owned and that State Farm ... More...   $0 (12-04-2003 - MT)

Breached that contract, they did so in violation of contractual fair dealing and good faith and violated her right to due process and emotional distress claims by former Montana Tech professor who claimed that she was wrongfully passed over for a promotion. Denise Solko sued the Board of Regents, the commissioner of higher education and former Tech Chancellor Lindsay Norman in January 2000. Solko... More...   $150000 (04-14-2003 - MT)

Appellant Kristine Hawkins filed a complaint against Respondents Dr. Randolph T. Harney, Dr. Minott E. Pruyn, and Pruyn Veterinary Hospital in the Fourth Judicial District Court, Missoula County. Hawkins' complaint alleged that the Respondents breached their implied contracts as veterinarians by failing to provide competent veterinary services. Hawkins' complaint further alleged that the Resp... More...   $0 (03-27-2003 - MT)

2 The dispositive issue is: Whether the District Court erre... More...   $0 (03-27-2003 - MT)

The Appellant, TRUX, L.P. (Trux), brought this action against the Respondents alleging constructive fraud, breach of fiduciary duty and unjust enrichment. The District Court for the First Judicial District, Lewis and Clark County, granted summary judgment in favor of the Respondents and against Trux, concluding that Trux was barred from recovery by § 27-1-303, MCA, because Trux had already receiv... More...   $0 (02-24-2003 - MT)

3 The District Court granted Gray's Motion to Dismiss for Failure to State a C... More...   $0 (02-24-2003 - MT)

FACTUAL AND PROCEDURAL BACKGROUND 2 Albert acquired the following described half-sect... More...   $0 (06-11-2002 - MT)

1 Who owns a ring given in anticipation of marriage after the engagement is broken? Michelle L. Harris (Harris) appeals the disposition of an engagement ring by the Eighth Judicial District Court, Cascade County, Montana, and Michael A. Albinger (Albinger) cross-appeals the denial of reimbursement for certain telephone charges incurred by Harris and the award of damages for a prior, unlitigated a... More...   $0 (06-02-2002 - MT)

I. BACK... More...   $0 (12-27-2002 - MT)

1 This action was initiated in the Twentieth Judicial District Court, Lake County, by Robert Hanley (Robert) against his next-door neighbors, Keith and Sue Lanier (Laniers). Robert sought to recover damages related to alleged breach of building restrictions and interference with enjoyment of property. Laniers filed a counterclaim alleging, among other claims, that Robert interfered with Laniers'... More...   $0 (09-20-2002 - MT)

1. Did the District Court e... More...   $0 (09-20-2002 - MT)

This case arises from an accident on Route 5, a Bureau of Indian Affairs (“BIA”) road within the Northern Cheyenne Indian Reservation in Big Horn County, Montana. On the evening of May 2, 1998, Kale Means, a member of the Chey-enne Tribe and a minor, was seriously injured when his car struck a horse that had wandered onto Route 5. The horse belonged to Arthur L. McDonald, who oper... More...   $0 (08-14-2002 - MT)

1 Aldrich & Company ("Aldrich") brought this action in the Montana Sixth Judicial District Court, Park County, seeking a judgment against Tanner Ellis and Rhonda M. Ellis, d/b/a/ Yellowstone Log Works ("the Ellises"), on accounts owing. Subsequently, Aldrich filed a motion for summary judgment. Thereafter, the Ellises filed a motion to amend the pleadings. The District Court granted Aldrich par... More...   $81914 (08-09-2002 - MT)

1 The town of Virginia City, Montana, brought this action in the Montana Fifth Judicial District Court, Madison County, to enjoin construction of a structure therein on Lots 11 and 12, Block 201, based upon alleged permit violations. The District Court awarded summary judgment to Virginia City, permanently enjoined further construction on the lots, and ordered that the existing structure thereon ... More...   $0 (08-09-2002 - MT)

On or about November 29, 1994, Abraham agreed to purchase a residence in Missoula, Montana, from defendant Nelson. The residence was located in a development known as Phase 4 Cobblestone Townhomes, of which Nelson, d/b/a Jack Nelson General Construction, was both the developer and general contractor. Sometime in 1997 the basement of Abraham’s townhome flooded. On April 20, 1998, Abraham f... More...   $0 (05-10-2002 - MT)

Keeney Construction filed a complaint against James Talcott Construction Company, Inc. (Talcott), for delay, disruption and extra work. Keeney filed an Amended Complaint seeking similar damages against the project owner, the University of Montana (the “UM”), and against Safeco Insurance Company (Safeco) under Safeco’s surety bond issued to Talcott. The Fourth Judicial District ... More...   $0 (04-04-2002 - MT)

Heather Long Warrior, a member of the Crow Tribe, and Michael Boxx, a non-Indian, are social acquaintances. While at a party, after enjoying some alcoholic libations, they decided to go for a drive in Boxx's truck. While traveling on Ok-E-Beh Road, the truck rolled off the road, injuring Long Warrior. Ok-E-Beh Road, although it is on the Crow Reservation, is considered to be "non-Indian fee ... More...   $0 (09-06-2001 - MT)

The Sherrards purchased approximately 40 acres of property in Ravalli County, Montana, in November of 1995, on which they later built a home and intended to build a horse arena. In September of 1995, prior to the Sherrards' purchase of the property or construction of either building, Ravalli County Sanitarian Ron Curley (Curley) issued a re-site evaluation of the property which addressed groundwat... More...   $0 (11-23-2001 - MT)

The Plaintiffs, Jody and Jennifer Loomis, brought this action in the District Court for the First Judicial District in Lewis & Clark County to establish an easement across the property of the Defendants, Donald and Marva Luraski. Larry and Judith Kolb intervened because the easement at issue would pass over and across the east thirty feet of the Kolb property. All three parties filed motions for s... More...   $0 (11-23-2001 - MT)

1 Trifad Entertainment, Inc., (Trifad) and its majority shareholder, Joe Lee, Inc., (collectively Appellants) appeal from the Thirteenth Judicial District Court's decision determining that Brad Anderson (Brad), Trifad's minority shareholder, did not convert Trifad's assets, that he did not breach the implied covenant of good faith and fair dealing or fiduciary duties, and that he did not engage in... More...   $0 (11-15-2001 - MT)

1 Eugene F. Hughes, Jr., brought this action against defendants for false imprisonment, civil conspiracy, breach of contract and civil rights violations. The United States District Court granted defendants' Motion for Summary Judgment as to the civil rights claims and remanded the remaining state law claims to the Second Judicial District, Silver Bow County. That court granted defendants' Motion f... More...   $0 (11-02-2001 - MT)

1 Stephanie Lee (Lee) appeals from a summary judgment entered by the Eighth Judicial District Court, Cascade County, in favor of USAA Casualty Insurance Co. (USAA), and the denial of her motion for summary judgment. Lee claims that she was entitled to under-insured motorist coverage under a USAA policy which insured two vehicles that she co-owned with the named insured on the policy. USAA maintain... More...   $0 (04-16-2001 - MT)

1 This appeal from the Seventeenth Judicial District Court, Valley County, involves an insurer's refusal to defend its insured. Dawn Marie Brabeck (Dawn), Gerald Brabeck (Gerald), and Brabeck Construction, Inc. (BCI) (or collectively "Respondents") brought this action seeking a declaratory judgment that Appellant, Employers Mutual Casualty Company (EMC), is required to defend them against a lawsui... More...   $0 (12-28-2000 - MT)

1 The Plaintiffs, Four Rivers Seed Company and Ted Cook, filed this action in the District Court for the First Judicial District in Broadwater County to recover damages for breach of contract and conversion from the Defendants, Circle K Farms and Kent Kirksey, owner of Circle K Farms and for injunctive relief. The District Court issued a preliminary injunction. Circle K Farms and Kent Kirksey appe... More...   $0 (12-27-2000 - MT)

Breach of Contract - Plaintiff, a farmer sued defendant, a corporation and operator of grain elevators for breach of contract and fund conversion. The defendant counterclaimed for breach of contract. The plaintiff alleged that a telephone conversation between plaintiff and defendant, where supposedly an agreement to sell defendant wheat, did not constitute a valid contract. The defendant state... More...   $0 (11-17-1998 - MT)