State Law Library of Montana

Notices of new Opinions and Orders from the Montana Supreme Court, Library Announcements, Research Tips, and Montana Legal News

Archive for May, 2006

ORDER: Public Comments Invited on Proposed Rules for Public Access to Court Records

Posted by mtlawlibrary on May 25, 2006

The Montana Supreme Court has issued an Order inviting public comments on the Proposed Rules for Public Access to Court Records:

No. AF 06-0377

IN THE MATTER OF RULES FOR PUBLIC ACCESS TO COURT RECORDS

Posted in Appellate Procedure, Civil Procedure, Order, Privacy, Public Records | Leave a Comment »

OPINION: State v. Smerker

Posted by mtlawlibrary on May 25, 2006

The Montana Supreme Court has issued an Opinion in the following case: 

No. 04-826

2006 MT 117

STATE OF MONTANA,

Plaintiff and Respondent,

v.

RANDY BLAINE SMERKER,

Defendant and Appellant

Posted in Constitutional Law, DUI, Due Process, Opinion | Leave a Comment »

NEW BOOK: Handbook for Judges: An Anthology of Inspirational and Educational Readings

Posted by mtlawlibrary on May 24, 2006

Handbook for Judges:  An Anthology of Inspirational and Educational Readings

     Edited by Kate Sampson 

     Published by American Judicature Society, 2004

     263 Pages

Articles and Essays by various authors on the following topics:

     The Qualities of a Judge

     The Work of a Judge

     The Interdependence of Courts and Communities

     The Judicial Reform Movement

     Looking Over the Rim – The Future and the Courts

Posted in Judges, New Book | Leave a Comment »

NEW BOOK: Architect and Engineer Liability: Claims Against Design Professionals, 3d Ed.

Posted by mtlawlibrary on May 24, 2006

From the publisher's website:

Architect and Engineer Liability:  Claims Against Design Professionals, Third Edition

Date of Publication:  2006

690 pages

Supplemented irregularly

Description

Now you can keep construction design exposure to a minimum! Prepared for design and construction professionals and their attorneys, this comprehensive, up-to-date resource is written by eminent authorities in the field. It details all relevant topics: risk management, alternative dispute resolution, trial conduct, handling shop drawings, insurance and surety, and more. You'll get straightforward answers to all your legal questions, as well as examples of the valuable lessons learned by leading design and construction experts.

Table of Contents

  1. BASES OF ARCHITECTS AND ENGINEERS LIABILITY: AN OVERVIEW
  2. THE PROS AND CONS OF STANDARD CONTRACT FORMS
  3. DESIGN PROFESSIONALS INSURANCE AND SURETY PROGRAMS
  4. YOU HAVE BEEN SUED. SHOULD WE ACCEPT THE ATTORNEY CHOSEN BY OUR INSURANCE COMPANY OR DO WE NEED OUR OWN?
  5. LIABILITY ON THE CONTRACT
  6. DESIGN PROFESSIONAL S LIABILITY TO THE CONTRACTOR
  7. LIABILITY FOR NEGLIGENCE
  8. LIABILITY EXPOSURE ARISING FROM THE SHOP DRAWING SUBMITTAL PROCESS
  9. CRIMINAL LIABILITY
  10. OWNERSHIP AND REUSE OF DESIGN PROFESSIONALS DESIGNS
  11. LIABILITY FOR INNOVATIVE BUT UNPROVEN DESIGNS
  12. THE DESIGN PROFESSIONAL AS CONSTRUCTION MANAGER
  13. RISK MANAGEMENT
  14. REDUCING DAMAGES
  15. CONTRACTUAL DEFENSES
  16. IMMUNITY DEFENSES
  17. PREPARING FOR TRIAL
  18. EXPERT CONSULTANTS AND WITNESSES
  19. ALTERNATE DISPUTE RESOLUTION: CHOICES FOR THE DESIGN PROFESSIONAL
  20. MISCELLANEOUS CLAIMS
  21. STATUTES OF LIMITATION AND STATUTES OF REPOSE
  22. DEFENDING AGAINST A CLAIM: AN OVERVIEW
  23. INJURIES RESULTING IN DAMAGE CLAIMS

Posted in Construction Law, New Book | Leave a Comment »

OPINION: State v. Mann

Posted by mtlawlibrary on May 23, 2006

The Montana Supreme Court has issued an Opinion in the following case: 

No. 04-137

2006 MT 116

STATE OF MONTANA,

Plaintiff and Respondent,

v.

ERROL MANN,

Defendant and Appellant.

Posted in Constitutional Law, Criminal, Ineffective Assistance, Opinion | Leave a Comment »

UNPUBLISHED OPINION: Noble v. Noble

Posted by mtlawlibrary on May 23, 2006

The Montana Supreme Court has issued an Unpublished Opinion in the following case:

No. 05-497

2006 MT 115N

LINDA L. NOBLE,

Petitioner and Respondent,

v.

MICHAEL C. NOBLE,

Respondent and Appellant.

Posted in Unpublished Opinion | Leave a Comment »

UNPUBLISHED OPINION: Burns v. MacKinder

Posted by mtlawlibrary on May 23, 2006

The Montana Supreme Court has issued an Unpublished Opinion in the following case:

No. 05-092

2006 MT 114N

JIM BURNS and JAN BURNS, Husband and Wife,

Plaintiffs and Appellants,

v.

DAVID C. MACKINDER and PATRICIA J. MACKINDER, Husband and Wife, KEITH E. NEAL and SHARON NEAL,

Husband and Wife,

Defendants, Respondents and Cross-Appellants,

and

PARK COUNTY, a Political Subdivision of the State of Montana,

Defendant and Respondent.

Posted in Unpublished Opinion | Leave a Comment »

OPINION: State v. Aune

Posted by mtlawlibrary on May 23, 2006

The Montana Supreme Court has issued an Opinion in the following case:

No. 05-012

2006 MT 113

STATE OF MONTANA,

Plaintiff and Respondent,

v.

WILLIAM BERNARD AUNE,

Defendant and Appellant.

Posted in Assault, Criminal, Lesser Included Offense, Opinion | Leave a Comment »

OPINION: State v. Moody

Posted by mtlawlibrary on May 23, 2006

The Montana Supreme Court has issued an Opinion in the following case:

No. 05-363

2006 MT 112

STATE OF MONTANA,

Plaintiff and Respondent,

v.

KRISTI ANNE MOODY,

Defendant and Appellant.

Posted in Criminal, Opinion, Probation/Parole | Leave a Comment »

OPINION: Marriage of Markegard

Posted by mtlawlibrary on May 23, 2006

The Montana Supreme Court has issued an Opinion in the following case:

No. 05-109

2006 MT 111

IN RE THE MARRIAGE OFRODNEY PIERCE MARKEGARD,

Petitioner and Respondent,

and

JANE L. MARKEGARD,

Respondent and Appellant.

Posted in Civil, Domestic Relations, Judges, Opinion, Recusal/Disqualification of Judge | Leave a Comment »