A Tale of Two Victims Trying to Stay Above Water While Pursuing Justice: Corey Feldman and Patty Fortney (And Her Sisters)

MARCI A. HAMILTON

Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, describes two stories that show the persistent barriers to justice for child sex abuse victims, despite significant progress recently. First, Hamilton relates the story of Corey Feldman, who will finally get to tell his story of abuse in the premiere of My Truth: The Rape of Two Coreys on March 9, 2020, which will air at 11pm EST in a one-time, online showing globally. Second, Hamilton describes how Patty Fortney and her sisters are pursuing justice against the diocese of Harrisburg, Pennsylvania.

Read More

Searching for Even Slim Reeds of Optimism That This is Not the End of the Rule of Law in America

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan offers two possible reasons for cautious optimism that the rule of law survives under President Trump: (1) Trump continues to lie, and (2) even the most potentially unreliable Democrats have not (yet?) decided to stop opposing him.

Read More

Sage Financial Properties, LLC v. Fireman's Fund Insurance Co.

Citation: 2020 MT 47

Opinion Date: February 25, 2020

Judge: Beth Baker

Areas of Law: Civil Procedure, Insurance Law

The Supreme Court reversed the order of the district court denying as untimely Defendant's motion for substitution of judge, holding that the substitution motion was timely because federal law halts any proceedings in the state court once a notice of removal is filed unless and until the case is remanded. Plaintiffs sued Defendant in the Seventh Judicial District Court based on Defendant's denial of an insurance claim. After a summons was issued and served upon Defendant, Defendant filed a notice of removal to the United States District Court for the District of Montana on the basis of diversity of citizenship. The federal district court granted Plaintiffs' motion for remand to state court after determining that the parties lacked complete diversity. Ninety-five days after it was served Defendant filed a motion for substitution of judge. The trial court ruled the motion was untimely. The Supreme Court reversed, holding that because Defendant filed its motion for substitution the same day the state court clerk received notice that the federal court had ordered remand and returned the original state court documents, the motion was timely.

Speer v. State, Department of Corrections

Citation: 2020 MT 45

Opinion Date: February 25, 2020

Judge: Sandefur

Areas of Law: Constitutional Law, Labor & Employment Law, Personal Injury

The Supreme Court affirmed the judgment of the district court granting summary judgment for the Montana Department of Corrections (DOC) and dismissing Plaintiff's claims for wrongful discharge from employment, violation of Montana constitutional and administrative rights to privacy, and tortious defamation, holding that the district court did not err. Specifically, the Supreme Court held (1) no genuine issues of material fact existed as to whether DOC discharged Plaintiff for good cause, and therefore, the district court properly granted summary judgment on Plaintiff's wrongful discharge claim; (2) no genuine issues of material fact existed as to whether DOC discharged Plaintiff in violation of its written personnel policy, and therefore, the district court properly granted summary judgment on Plaintiff's wrongful discharge claim; (3) the district court did not err in granting summary judgment on Plaintiff's claim that DOC violated her right to privacy under Mont. Const. art. II, 10 and Admin. R. M. 2.21.6615; and (4) the district court did not err in concluding that derogatory statements made by DOC to the Montana Peace Officer Standards and Training Council were privileged under Mont. Code Ann. 27-1-804(2).

Lewis v. Lewis

Citation: 2020 MT 44

Opinion Date: February 25, 2020

Judge: Gustafson

Areas of Law: Family Law

The Supreme Court affirmed the order of the district court dividing marital assets in Husband's dissolution from Wife, holding that the district court did not commit clear error in its findings of fact and did not abuse its discretion. Husband appealed, arguing that the district court erred in distributing approximately twenty-five percent of the total marital estate to Wife and awarding her maintenance for ten years because much of the marital estate was compromised of property that Husband inherited. The Supreme Court affirmed, holding that the district court (1) did not commit clear error in its findings of fact supporting its distribution of the marital estate and award of maintenance; and (2) did not abuse its discretion in its division of inherited property in the marital estate.

Payne v. Hall

Citation: 2020 MT 46

Opinion Date: February 25, 2020

Judge: James A. Rice

Areas of Law: Real Estate & Property Law

The Supreme Court affirmed the order of the district court granting summary judgment in favor of Roger Hall and dismissing John Payne's claims for, among other things, fraud, negligence, and negligent/intentional misrepresentation and granting Hall's counterclaim for breach of contract and breach of good faith and fair dealing, holding that the district court did not err. After the sale of certain property to Payne and Hall, a project engineer encountered an old oil reserve pit that required mitigation. Later, Hall and Payne entered into a sale and purchase agreement whereunder Payne purchased Hall's interests in a partnership. Payne refused to pay Hall one-third of the purchase price on the basis that the agreement was voidable. Payne brought this lawsuit alleging that Hall failed to disclose the existence of the reserve pit prior to the sale of the property. Hall counterclaimed, alleging that Payne failed to make the final payment under the partnership purchase agreement. The district court granted summary judgment for Hall. The Supreme Court affirmed, holding that the district court did not err by concluding that Payne's claims were time barred and by concluding that Payne should not be excused from the partnership purchase agreement.