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Kulko v. Davail, Inc.

Kulko v. Davail, Inc., 2015 MT 340 (Dec. 8, 2015) (Cotter, J.) (7-0, rev’d)

Issue: (1) Whether the district court erred in concluding that corporate dissolution is an exclusive remedy under § 35-1-939, MCA; and (2) whether the district court erred in dismissing Kulko’s claims for lack of subject matter jurisdiction on the basis that the corporate dissolution eliminated any case or controversy.

Short Answer(1) Yes; and (2) yes.

Reversed and remanded

Facts: Alex and Sharon Horn incorporated Davail, Inc. in Montana in 1982 for estate planning purposes. Their children – David Kulko, Ilsa Kaye, and Michael Horn – are Davail’s sole shareholders, officers, and directors. Kulko owns 46% of the shares and is a director and vice-president; Kaye owns 46% and is a director and president; and Horn owns the remaining 8%.…

Serrania v. LPH, Inc.

Serrania v. LPH, Inc., 2015 MT 113 (April 28, 2015) (Baker, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the appeal is justiciable; (2) whether the district court properly granted summary judgment to LPH on Serrania’s Fair Debt Collection Practices Act (FDCPA) claim; (3) whether the district court abused its discretion in sanctioning Serrania’s attorney, Terry Wallace.

Short Answer: (1) Serrania’s sanction and contract judgment appeals are moot, but her FDCPA claim appeal is live, and Wallace’s appeal is live; (2) yes; and (3) some sanctions are affirmed and some are reversed.

Affirmed in part, reversed in part, and remanded

Facts: Karrie Lynn Serrania went to Discovery Dental Group, PLLC (DDG) in 2009. She signed a contract agreeing to pay for treatment, services, and all collection and legal fees if necessary.…

Montanans Against Assisted Suicide v. Board of Medical Examiners

Montanans Against Assisted Suicide v. Board of Medical Examiners, 2015 MT 112 (April 28, 2015) (Wheat, J.) (5-0, aff’d)

Issue: Whether the district court properly dismissed MAAS’s petition as moot.

Short Answer: Yes.


Facts: The Montana Supreme Court issued its opinion in Baxter v. State, 2009 MT 449, on Dec. 31, 2009, holding that a terminally ill patient’s consent to physician aid in dying constitutes a statutory defense to a charge of homicide against the aiding physician when no other consent exceptions apply. At the request of two doctors, the Board of Medical Examiners drafted a position statement explaining the effect of Baxter on its discipline policy for physicians who aid patients in dying. The board notified interested persons of the final draft, and adopted an amended version of that draft in January 2012.…