¶1 Jay Cook (“Cook”) appeals from an order entered in the First Judicial District Court, Lewis and Clark County, Montana, dismissing Cook’s Federal Employers Liability Act (“FELA”) claim in favor of Soo Line Railroad Company, d/b/a Canadian Pacific Railway (“Soo Line”), on the basis that an Illinois court’s dismissal for interstate forum non conveniens was a final judgment entitle... More...   $0 (12-16-2008 - MT)

¶1 Jason Sinclair (Sinclair) appeals the dismissal of his claims against Burlington Northern and Santa Fe Railway Company (BNSF) in the Eighth Judicial District, Cascade County. We affirm in part, reverse in part and remand for further proceedings consistent with this Opinion.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 Sinclair was an employee of BNSF from 1994 to 2001. In December 2001,... More...   $0 (12-16-2008 - MT)

¶1 Appellant James Anthony Neal (Neal) was injured when the vehicle he was driving was rear-ended by a vehicle driven by Appellee Jeremy Jay Nelson (Nelson). After a jury trial in the Eleventh Judicial District Court, Flathead County, Neal was awarded $7,358.56 in damages and $1,275.00 in attorney fees. Neal appeals and Nelson cross-appeals. We affirm.

¶2 We address the following issues o... More...   $0 (12-16-2008 - MT)

This appeal presents the question of whether a court may retroactively declare a railroad right of way abandoned under the Abandoned Railway Right of Way Act. We conclude that the Act does not permit a nunc pro tunc abandonment declaration.

I

The storied Clark Fork River in Montana was formed from floods left by the last ice age and named by Meriwether Lewis during the expedition’s... More...   $0 (12-16-2008 - MT)

¶2 Julie Tramelli (Tramelli) appeals from the judgment entered by the Eighth Judicial District Court, Cascade County, on its findings of fact, conclusions of law and order confirming an arbitration award in favor of MBNA America Bank (MBNA) and denying Tramelli’s motion to vacate the award. We affirm.

¶3 The issue on appeal is whether the District Court erred in confirming the arbitrati... More...   $0 (11-10-2008 - MT)

¶2 Richard Hay appeals from the judgment of the Sixteenth Judicial District Court, Custer County, entered on its order granting summary judgment to the City of Miles City, City of Miles City Police Department, Lissa Power in her official capacity as Chief of Police for Miles City, Officer Barney Murnin in his official capacity as a police officer for the Miles City Police Department, and Jeffrey ... More...   $0 (11-10-2008 - MT)

¶1 Shumaker Trucking and Excavating Contractors, Inc. (Shumaker) appeals from various rulings of the Eighth Judicial District, Cascade County, during the course of a jury trial where the jury found in favor of Cody J. Olson (Olson). Olson cross-appeals the District Court’s denial of his motion for summary judgment on the issue of contributory negligence. We affirm.

¶2 Shumaker presents ... More...   $0 (11-18-2008 - MT)

¶2 Vicki Berryman filed her complaint in this matter in the Second Judicial District Court, Silver Bow County, in April 2002. She named U.S. Bancorp Piper Jaffray, Inc., Piper Jaffray, Inc., Robert English, Thomas J. O’Neill, and John Does I through X as defendants. Berryman was one of approximately two dozen investors who filed actions against Piper Jaffray and O’Neill, a former Piper Jaffra... More...   $0 (12-03-2008 - MT)

¶1 Progressive Preferred Insurance Company (Progressive) appeals from an order of the Twentieth Judicial District, Lake County, granting Ronda Tenas’s (Tenas) motion for summary judgment. We affirm in part and reverse in part.

¶2 Progressive raises the following issues on appeal:

¶3 Whether the District Court properly denied Progressive’s motion to dismiss.

¶4 Whether ... More...   $0 (11-25-2008 - MT)

¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and its case title, Supreme Court cause number and disposition shall be included in this Court's quarterly list of nonciteable cases published in the Pacific Reporter and Mo... More...   $0 (11-10-2008 - MT)

We must decide whether the United States Forest Service complied with federal environmental law in its management of the Bitterroot National Forest.

I In order to effectuate its management role over the national forests, the National Forest Management Act (“NFMA”), 16 U.S.C. §§ 1600 et seq., requires the United States Forest Service (“Forest Service”) to develop and to maintain fo... More...   $0 (11-07-2008 - MT)

Appellant John J. McFarland (McFarland) contends that the district court erred in granting the defendants’ motion for summary judgment. He asserts that he is entitled to an easement over Glacier Route 7 to access his property that is surrounded by Glacier National Park. Because McFarland cannot claim a common-law easement over federal land and because the National Park Service’s (Park Service)... More...   $0 (10-02-2008 - MT)

Davar and Todd Gardner sued John Stokes and KGEZ on a defamation theory claiming that Stokes made several false statements about them on the air after they filled a separate lawsuit against him in 2001 regarding property assessments. Stockes had claimed that he had an ownership interest in a 160-acre property owned by the Gardners upon which the radio station had erected two radio towers.
St... More...   $3800000 (09-20-2008 - MT)

We consider whether subcellular damage amounts to bodily injury under the Price-Anderson Act. Facts Schlumberger Technology Corporation’s employees carelessly left some cesium-137 on a drilling rig. Plaintiffs later worked on the rig and were exposed. Though less well known than uranium or plutonium, cesium isn’t a substance to be toyed with. Unprotected exposure can cause burns, radiation sic... More...   $0 (09-11-2008 - MT)

Appellants, minor C.B. and his parents (collectively “Appellants”), allege that Hellgate Elementary School District (“Hellgate”) violated the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C.§ 1400, by failing to provide minor C.B. with a free appropriate public education (“FAPE”). Appellants appeal from the district court’s order, affirming the hearing officer’s... More...   $0 (09-05-2008 - MT)

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)

Steve Feuerstein sued City of Billings and others claiming that his civil rights were violated by the Billings Police Department when police supervisors retaliated against him for reporting the mishandling of illegal drugs within the department's K-9 unit. He claimed that he was denied a safe workplace when other officers refused to provide backup for him on calls.... More...   $1300000 (07-31-2007 - 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)

The Rattlesnake Coalition ("The Coalition") appeals the district court's dismissal for lack of subject matter jurisdiction and lack of standing of its action against the United States Environmental Protection Agency ("the EPA"), the Administrator of the EPA, and the City of Missoula ("Missoula"). The Coalition brought suit under the National Environmental Policy Act ("NEPA"), 42 U.S.C. ... More...   $0 (12-09-2007 - 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)

Fidelity Exploration & Production Co. seeks to quiet title to a portion of the bed of the Tongue River on which it holds oil and gas leases issued by the State of Montana, but to which the United States lays claim as trustee for the Northern Cheyenne Indian Tribe. The district court dismissed the action, brought under the Quiet Title Act (QTA), 28 U.S.C. § 2409a, for lack of jurisdiction ... More...   $0 (11-09-2007 - MT)

Jeffrey R. Smith sued Burlington Northern Santa Fe (BNSF) on a negligence theory under FELA for the injuries and damages sustained by him when the brakes on five coal cars failed and they slammed into a locomotive that he was engineering on January 19, 2005. Smith claimed that he sustained career ending injuries as a result of the injuries he sustained in the accident. Smith Claimed that he su... More...   $1761222 (11-03-2007 - MT)

The Family and Estate of Richard B. Presler sued the Buffalo Station on a Dram Shop violation theory for the wrongful death of Richard, age 20, who was served alcohol despite the fact that he was underage and visibly intoxicated. Presler, of Bozeman, died in a car crash in November 2003 after leaving the club when his pickup truck struck a vehicle driven by Michael Bowen, a 54-year-old Bozeman ... More...   $3000000 (10-26-2007 - MT)

Billings Police Officer Steve Feuerstein sued the City of Billings for state and federal free-speech rights, and violation of state employment laws by retaliating against him for reporting that two officers gave illegal drugs to a civilian dog handler, for dog training. ... More...   $1300000 (09-22-2007 - MT)

Chad and Jessi Malcolm, individually and on behalf of Tyler Malcolm sued Evenflo Company on a products liability theory for the injuries and damages that they suffered as a result of an automobile accident in 2000 in which Tyler was killed. Tyler and the Evenflo car seat in which he was buckled were ejected from the vehicle in which Tyler, age 4 months, was secured when the vehicle in which he... More...   $6700000 (07-27-2007 - MT)

Alabama and 47 other states asserted consumer protection claims against AOL relating to its handling of the exodus from providing dial-up Internet access to millions of consumer. The Plaintiffs claimed that AOL intentionally made it difficult for consumers to cancel their service by requiring that all cancellations be made by phone. The settlement will allow consumers to also request AOL cancel... More...   $3000000 (07-13-2007 - 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)

Billings, Montana lawyer William A. D'Alton sued the City of Billings and others claiming he was harassed and defamed by city employees. The original defendants were the city of Billings; Moira Murphy D'Alton, who was a city attorney and is D'Alton's ex-wife; City Attorney Brent Brooks; Deputy City Attorney Stacey Tenney; and Billings police officers Bob Nyquist, Jim Woog, John Bedford, Joel W... More...   $250000 (05-25-2007 - MT)

Paul and Deb Stamey sued Winter Sports LLC d/b/a Big Mountain Resort on a diversity of citizenship negligence theory claiming that their son Graham Stamey was hit in the face by the tail edge of a snowboard in 2005, as his father towed him by his ski poles through a congested area near the base of the Big Mountain ski area. The accident took place in a highly congested area, where hundreds of p... More...   $0 (03-06-2007 - 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)

George Treperinas sued Burlington Northern Santa Fe Railroad on a wrongful termination theory claiming that he was terminated after he reported that he had sustained a neck injury on the job and would require extensive medical care. Treperinas was out of work until an appeals board ordered that he be returned to his job. He underwent therapy and surgery on his neck and was unable to pay his bi... More...   $300000 (12-22-2006 - MT)

The Family and Estate of Marina Kanevskaya sued Erik Wayne Lee on a ngligence theory for the wrongful death of the University of Montana Professor who was killed in a hit-and-run accident on December 13, 2002. Kanevskaya, a 46-year-old professor who taught Russian at UM, was hit by Lee's truck as she was crossing a notoriously busy section of Maurice Avenue near the entrance to the Adams Center... More...   $0 (12-17-2006 - 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)

Joy Mathis, the mother of Melissa Ray, a passenger in a car being driven by Michael Marsac when it hit a pickup being driven by Ryan Lindstadt sued both drivers on negligence theories for the wrongful death of her daughter. She alleged that both drivers had been drinking and were jointly liability for the August 9, 2003 accident that killed her 18-year-old daughter. Lindstadt's p... More...   $325000 (10-05-2006 - MT)

Mountain Peaks Inc. sued Greg Pohle and Adam Flores for tortuous interference and other wrongdoing claiming that defendants quit their jobs with plaintiff and formed Community Solutions, Inc., a competing company, that siphoned business away from their former employer. Plaintiff claimed that Phole and Flores wrongfully conspired to commit fraud and business interference and breached... More...   $180000 (10-03-2006 - MT)

James and Brian Gallagher sued the Montana State Department of Transportation on a governmental tort claim negligence theory for the injuries and damages that they claimed that they sustained as a result of an accident to occurred on U.S. Highway 287 about three miles outside of Townsend, Montana on April 7, 2001. Plaintiffs claimed that the right front tire on their truck slipped off ... More...   $0 (05-06-2006 - MT)