The Montana Law Review is published twice a year by a board of student editors at The University of Montana School of Law. It is the 54th review established in the nation and the 15th review established in the west. We publish professional and student articles with a focus on Montana law. This site will soon feature every volume since 1940, case summaries on recent decisions, and more. Thank you for visiting, and please consider how you can donate to the MLR and the Browning Symposium.

Current Issue: Volume 75, Issue 2 (2014) Summer 2014




Recent Significant Decisions

Absent wrongful conduct, an LLC member cannot be held jointly and severally liable for the obligations of the LLC--C.R. Weaver v. Tri-County Implement, Inc. 2013 MT 309

Failure to discover the accrual of a self-concealing claim in a complex transaction tolls the statute of limitations--Draggin' Y Cattle Co., Inc. v. Addink 2013 MT 319

Lay witness's uncorroborated testimony not enough to prove substance was marijuana--State v. Burwell 2013 MT 332

Conviction overturned despite ample proof; Highly inflammatory inadmissible evidence possibly contributed to the conviction--State v. Rodgers 2013 MT 221

Court balances employee's needs against employer's in retaliation and hostile work environment claim--Puskas v. Pine Hills Youth Correctional Facility 2013 MT 223

Survival damages belong to estate and are restricted to the decedent's heirs; Wrongful death damages hold no such restriction--In re Est. of Bennett 2013 MT 230

"Prisoner" in MCA 45-5-204 means a person whose liberty is restrained by law enforcement for any reason--State v. Madsen 2013 MT 281

Court looks to parties' mutual intention at time of contract formation to determine the intent of the contract--CNJ Distribg. Corp. v. D&F Farms, Inc. 2013 MT 267

Dist. Court's subject matter jurisdiction over estate of Tribal member domiciled outside of the Tribe didn't affect the Tribe's right to self govern--In re Est. of D.M. Gopher 2013 MT 264

Does the Wal-Mart commonality standard apply in Montana? Unclear--Jacobsen v. Allstate Ins. Co. 2013 MT 244