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Why We're Doing This

There is no non-denominational online resource where Montana trial lawyers -- plaintiff and defense -- can gather and get their geek on. We'll be posting thoughts or questions on whatever comes to mind...

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MSC Reaffirms Distinction Between Independent Emotional Distress Claims,...

We're not in the business of measuring trends. Still, we couldn't help but notice the sheer volume of negligent and intentional infliction of emotional distress claims filed in all varieties of cases...

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New Federal Rule 502

New Federal Rule 502 addresses privilege, waiver, inadvertent disclosure of protected or privileged materials, and other captivating legal principles that will leave you glued to the books. It's not...

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MSC Addresses MCPA, More to Follow PDQ

The Montana Consumer Protection Act (MCPA) declares that "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful." M.C.A....

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How to Cite Unpublished Opinions Without Being Woodsheded By Montana's State...

So what's up with unpublished opinions? I've got one right here, it's on paper, looks published to me. Unpublished opinions are also sometimes referred to as "non-citable" opinions, but this too, is...

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Statutes of Limitation for Car, Truck, and Motorcycle Accidents in Montana

We get calls on this issue all of the time: How long do I have to sue? For a Montana car, truck, or motorcycle accident, the following general rules apply:You have three years from the date of a...

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Montana Real Estate Malpractice (Professional Negligence)

Between Gary and C.J., we've handled more than 150 real estate malpractice lawsuits and claims. The duties of seller's, buyer's, and dual agents under Montana law are set by the Montana Real Estate...

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Whack Attack! Montana Supreme Court First Ever to Issue Whack-A-Mole...

If you've been practicing law for more than a handful of years, you've seen the "whack-a-mole" style of litigation: Try one thing, then another, then another; there exists a path around every tree in...

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Mass. General to pay $1M to settle privacy claims

Massachusetts General Hospital and its physicians organization have agreed to pay the federal government $1,000,000 to settle claims related to a worker leaving personal health documents on the subway....

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Study Finds That Emergency Departments Are in Poor Health, Nearly One Third...

According to a study published by the Journal of American Medical Association, the U.S. is facing a dramatic decrease in the number of available Emergency Departments. Researchers at the University of...

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CA Insurance Brokers No Longer Required To Send Opt-Out Notices Prior To...

Insurance broker-agents in California no longer are required to send customers annual privacy notice forms permitting them to opt-out of information sharing. Insurance broker-agents thus may now use...

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Fan Sites for Pop Stars Settle Children’s Privacy Charges

The operator of fan Web sites for pop stars Justin Bieber, Selena Gomez, Rihanna and Demi Lovato agreed to pay a $1 million civil penalty to settle federal charges that the Artist Arena, a company that...

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