Archive | McGrath, C.J. (dissenting)

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Milky Whey, Inc. v. Dairy Partners, LLC

Milky Whey, Inc. v. Dairy Partners, LLC, 2015 MT 18 (Jan. 27, 2015) (Baker, J.; McGrath, C.J., dissenting) (5-2, aff’d)

Issue: (1) Whether seller’s notice of appearance was responsive pleading barring it from subsequently raising lack of personal jurisdiction; (2) whether Montana had personal jurisdiction over seller.

Short Answer: (1) No; and (2) no.


Facts: Milky Whey (MW) is registered Montana corporation based in Missoula, supplying food manufacturers with dairy commodities. Dairy Partners (DP) is a dairy supply company in Minnesota that sells products to brokers like MW. From 2010-2013, MW and DP completed nine purchase orders via phone, fax, or email. Most involved DP contacting MW in Montana.

On Jan. 23, 2013, DP prepaid $12,500 to buy 10,000 lbs.…