¶ 1 BNSF Railway Company (BNSF) appeals from an order of the Thirteenth Judicial District Court, Yellowstone County. The District Court granted Bircher's motion for a new trial on the basis that the court had erred in admitting evidence of verdicts in other cases. We affirm... ¶ 2 We review the following issue on appeal:... ¶ 3 Did the District Court abuse its discretion when it granted Bircher's motion for a new trial?... FACTUAL AND PROCEDURAL BACKGROUND... ¶ 4 Bircher...  

¶ 1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2006, the following memorandum 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 noncitable cases published in the Pacific Reporter and Montana Reports... ¶ 2 The Fourth Judicial District...  

¶ 1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2006, the following memorandum 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 noncitable cases published in the Pacific Reporter and Montana Reports... ¶ 2 Roger Eugene Hughes appeals the...  

¶1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2006, the following memorandum decision shall not becited 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 noncitable cases published in the Pacific Reporter and Montana Reports... ¶2 Lewis Price, III (Price) appeals from...  

¶1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2006, the following memorandum 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 noncitable cases published in the Pacific Reporter and Montana Reports... ¶2 Jerald Davis Cockrell appeals from...  

¶1 Herman Gonzales and other former employees (collectively the Class) of Montana Power Company (MPC), filed an action against MPC and its successors in interest, including NorthWestern Corporation (as a reorganized debtor), NorthWestern Energy, and Putnamand Associates. The Class alleged that MPC had manipulated worker compensation claims benefits dating back to 1977. The Class also claimed that MPC's successors in interest had followed MPC's practices of manipulating worker compensation...  

¶1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2006, the following memorandum 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 noncitable cases published in the Pacific Reporter and Montana Reports... ¶2 Colter Joseph Epler (Epler) appeals...  

¶1 L.M. appeals the Orders of the Fourth Judicial District Court, Missoula County, terminating his parental rights. We affirm... ¶2 We review the following issues on appeal:... ¶3 Did the District Court abuse its discretion when it terminated L.M.'s parental rights?... ¶4 Did L.M. receive effective assistance of counsel?... FACTUAL AND PROCEDURAL BACKGROUND... ¶5 The District Court terminated L.M.'s parental rights to B.M. and P.M. on October 26, 2009. The children's...  

¶1 Leslie Garvin Maynard appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, revoking his suspended sentence. We affirm... ¶2 Maynard presents the following issues1 on appeal:... ¶3 Did trial counsel render ineffective assistance by failing to argue that § 46-23-1012(3), MCA, prohibits initiation of a revocation proceeding following a seventy-two-hour hold and release?... ¶4 Did trial counsel render ineffective assistance by failing...  

¶1 Joyce Cooper (Cooper) appeals from a jury verdict in the First Judicial District Court finding that defendant Peter M. Hanson, M.D. (Dr. Hanson) was not negligent in his treatment and care of Cooper. Cooper argues that her right to a fair and impartial trial was prejudiced in the course of the proceedings below, and that her motion for a new trial was improperly denied by the District Court. For the reasons set forth below, we reverse the verdict of the jury and remand this matter to...  

¶1 T.J.B. appeals from an order of the Youth Court for the Fourth Judicial District, Missoula County, adjudicating him as a serious delinquent youth, and committing himto the custody of the Department of Corrections until he reaches the age of 18. We affirm... ¶2 We review the following issues on appeal:... ¶3 Did the Youth Court violate the Confrontation Clause when it denied T.J.B.'s motion in limine?... ¶4 Did the Youth Court properly deny T.J.B.'s motion for a directed...  

Summary: Petitioner suffered an industrial injury to his left shoulder. After surgery, his shoulder pain worsened and he also experienced cervical symptoms. Although Petitioner subsequently saw several doctors, none offered viable treatment options except pain management. Petitioner sought medical treatment on his own with a former Billings doctor, now practicing in Wyoming, who recommended a second shoulder surgery. Respondent has denied Petitioner's request for that surgery. Petitioner...  

Summary: The Uninsured Employers' Fund (UEF) moved the Court to amend its Judgment to require the third-party respondent to indemnify the UEF for any benefits paid or payable by the UEF to Petitioner. The UEF characterized the omission of this issue in the Court's Findings of Fact, Conclusions of Law and Judgment as a "clerical mistake."... Held: The UEF's motion is denied. The omission of this issue in the Court's Findings of Fact, Conclusions of Law, and Judgment was not a...  

¶1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2006, the following memorandum 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 noncitable cases published in the Pacific Reporter and Montana Reports... ¶2 Blakleys appeal pursuant to M. R....  

¶ 1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2006, the following memorandum 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 noncitable cases published in the Pacific Reporter and Montana Reports... ¶ 2 Lawrence Roedel appeals the order...  

¶1 Northern Cheyenne Tribe (Tribe), a federally recognized Indian tribe, Tongue River Water Users' Association (TRWUA), and Northern Plains Resource Counsel, Inc. (NPRC) (collectively Appellants), appeal the order of the Twenty-Second Judicial District Court, Big Horn County, granting summary judgment to the Montana Department of Environmental Quality (DEQ), Richard Opper, Director of DEQ, and Fidelity Exploration & Production Company (Fidelity). We reverse and remand... ¶2 We review...  

¶1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2006, the following memorandum 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 noncitable cases published in the Pacific Reporter and Montana Reports... ¶2 Blakleys appeal pursuant to M. R....  

¶1 Roberts appeals from the District Court's order revoking his suspended sentence. We affirm... ¶2 Roberts presents the following issues for review:... ¶3 Issue 1: Whether the District Court was authorized upon revocation of a suspended sentence to impose a 15-year commitment to the Department of Corrections with no time suspended... ¶4 Issue 2: Whether the District Court improperly considered Roberts' marijuana use in the dispositional proceeding... BACKGROUND... ¶5...  

¶ 1 After a bench trial, the Twentieth Judicial District Court, Sanders County, found that while a prescriptive easement over Avista's and the Reviers' property had been established, it had been abandoned by Naomi Leisz's predecessors in interest. Leisz appeals, claiming the District Court erred when it concluded the prescriptive easement had been abandoned... BACKGROUND... ¶ 2 For a complete description of the factual background, see Leisz v. Avista Corp., 2007 T 347, ¶¶...  

¶ 1 Joseph Stanczak (Stanczak) was tried and convicted in the District Court for the Twentieth Judicial District, Lake County, of driving under the influence of alcohol in violation of § 61-8-401(1)(a), MCA. He appeals and we affirm... ¶ 2 1. Did the District Court err by instructing the jury that Stanczak had no right to consult with an attorney before performing a field sobriety test?... ¶ 3 2. Did the District Court err by instructing the jury that it could infer Stanczak...