Latest 3 Cases: House v. U.S. Bank National Ass'n (Banking), In re J.S.L. (Family Law), ALPS Property & Casualty Insurance Co. v. Keller ...

It Is Possible and Necessary to Nullify Trump’s Corrupt Pardons (Including Secret Ones)

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan argues that it is not only constitutional but necessary to review and nullify corrupt presidential pardons, including many of those granted by former President Trump. Professor Buchanan debunks the misconception that the presidential pardon power is “unlimited” as journalists have assumed, based on the language and context of the Pardon Clause and that of a seminal Supreme Court case interpreting it.

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House v. U.S. Bank National Ass'n

Citation: 2021 MT 45

Opinion Date: February 23, 2021

Judge: Sandefur

Areas of Law: Banking, Contracts, Real Estate & Property Law

The Supreme Court affirmed the judgment of the district court granting various mortgage lenders and trustees summary judgment on Plaintiff's claims for negligence and breach of the implied covenant of good faith and fair dealing, holding that genuine issues of material fact did not preclude summary judgment. Plaintiff filed an action asserting negligent loan supervision/administration, breach of the implied contract covenant of good faith and fair dealing, anticipatory declaratory judgment, and quiet title to mortgaged property. The district court granted summary judgment to Bank of America, N.A. (BOA) on all claims. The Supreme Court affirmed, holding that the district court did not err in granting BOA summary judgment on Plaintiff's asserted negligence and breach of the implied covenant of good faith and fair dealing claims.

In re J.S.L.

Citation: 2021 MT 47

Opinion Date: February 23, 2021

Judge: Roy S. Gustafson

Areas of Law: Family Law

The Supreme Court affirmed the order of the district court dismissing pending abuse and neglect proceedings and placing Mother's two children with Father, their non-custodial parent, holding that the district court did not err. After the Montana Department of Public Health and Human Services, Child and Family Services Division filed a petition for adjudication of child as youth in need of care and temporary legal custody the district court adjudicated the children as youths in need of care. The district court subsequently entered an order placing the children in the custody of Father and dismissed the abuse and neglect proceedings without prejudice. The Supreme Court affirmed, holding that the district court did not err by dismissing the abuse and neglect proceedings and placing the children with Father pursuant to Mont. Code Ann. 41-3-438(3)(d).

ALPS Property & Casualty Insurance Co. v. Keller

Citation: 2021 MT 46

Opinion Date: February 23, 2021

Judge: Laurie McKinnon

Areas of Law: Insurance Law, Professional Malpractice & Ethics

The Supreme Court affirmed the order of the district court granting summary judgment in favor of ALPS Property & Casualty Insurance Company and declaring that ALPS owed no duty to defend or indemnify Defendants in a malpractice suit, holding that the district court correctly granted summary judgment to ALPS. ALPS brought this action seeking a declaration that it owed no duty to defendant or indemnify Keller, Reynolds, Drake, Johnson & Gillespie, P.C. (the firm) or any of its members for claims Bryan Sandrock, GG&ME, LLC and DRAES, Inc. (collectively, Sandrock) asserted in a malpractice suit against the firm and three of its attorneys. In granting summary judgment for ALPS, the district court held that the firm's ALPS policy did not provide coverage for Sandrock's claim. The Supreme Court affirmed, holding that the district court correctly concluded that there was no coverage under the policy because a member of the firm knew the basis of the legal malpractice claim before the effective date of the policy.