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)

Montana Rail Link employed Plaintiff as a Locomotive Engineer for 16 years during which he operated a wide variety of diesel locomotives that were equipped with seats commonly used throughout the U.S. railroad industry. Significantly, Plaintiff testified that 95% of the locomotives he operated over the course of his MRL career were owned and maintained by BNSF Railway Co. and its predecessor r... More...   $550000 (04-14-2006 - MT)

David Burgert sued the City of Kalispell and others on a civil rights theory, 42 U.S.C. 1983, claiming that his rights were violated by Flathead County Sheriff's Office deputy Tom Snyder and Missoula County officials and jail employees during a 2001 arrest for obstructing an officer and resisting arrest. He claimed that the defendants used excessive force in arresting him and for ... More...   $0 (03-31-2006 - MT)

Auto collision Billings, Yellowstone County. Plaintiff claimed soft tissue injuries to neck and back; had preexisting back injury; claimed loss of heavy duty work to medium to light duty; orthopedic, neuroligist, p.t. and chiropractic care,vocrehab & economic experts. Mediated Settlement $40,000.... More...   $40000 (02-18-2006 - MT)

The question presented in this case is whether a non-Indian plaintiff consents to the civil jurisdiction of a tribal court by filing claims against an Indian defendant arising out of activities within the reservation where the defendant is located. Appellant James Smith, who is not a member of the Confederated Salish and Kootenai Tribes ("the Tribes") of the Flathead Reservation, filed a... More...   $0 (01-11-2006 - MT)

Dasen claimed that the girls... More...   $2200000 (12-13-2005 - MT)

Libby, Montana, sits sixty-five miles south of the Canadian border. The seemingly rustic and picturesque environment of this area masks a troubling history - the community has been plagued with asbestos-related contamination. In 1999, the Environmental Protection Agency ("EPA") was called in to address disturbing health reports due to asbestos-related contamination. We must decide wheth... More...   $0 (12-04-2005 - MT)

Stokes claimed that $100,000 was not enough compensation for the damages caused by the takeing.... More...   $400000 (11-11-2005 - MT)

The City o... More...   $600000 (10-18-2005 - 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)

Plaintiff Todd Hohnholt, a 45 year-old engineer with 25 years of seniority from Guernsey, Wyoming, was injured on the job on July 4, 2004 after exiting the cab of a BNSF locomotive. As Plaintiff began to descend the locomotive stairway, the top portion of a rusty handhold broke, causing Plaintiff to loose h... More...   $1500000 (08-25-2005 - MT)

Dan Cassady, the owner of the Broadview Bar, sued Mike Schieno, Vince Wallis, Shane Skillen and Brent Wegner, all employees of Yellowstone County, Montana for shooting at him in his own bar after entering unannounced on May 9, 2001. Cassady claimed that he thought that they were burglars and pointed a shotgun at them that was equipped with a laser pointing device. Mike Schieno shot at Cassady ... More...   $0 (06-24-2005 - MT)

On May 11, 2002, 49 year-old Plaintiff Douglas P. McKown, a BNSF Locomotive Engineer, and his conductor departed the North Rochelle coal mine in southern Wyoming wi... More...   $1000000 (03-11-2005 - MT)

The Univeristy denied any wrongdoing.... More...   $0 (03-02-2005 - 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)