Archive | Writ of supervisory control

RSS feed for this section

Great Falls Clinic v. Mont. Eighth Jud. Dist. Court

Great Falls Clinic v. Mont. Eighth Jud. Dist. Court, 2016 MT 245 (Oct. 4, 2016) (McGrath, C.J.) (7-0, petition granted, aff’d)

Issue: Whether the Wrongful Discharge from Employment Act (WDEA) applies to the parties’ relationship.

Short Answer: No.


Facts: Lisa Warrington was offered a job at Great Falls Clinic on October 7, 2014, while she was employed by Benefis Hospital. Warrington accepted the offer and gave two weeks’ notice to Benefis. Warrington signed a written employment contract on October 10, with both parties agreeing her employment would begin October 27, 2014. On October 24, Warrington’s last day at Benefis, the clinic called and told Warrington it would not employ her after all.

Warrington sued the clinic for breach of contract, promissory estoppel and bad faith.…

State v. Montana Second Judicial District

State v. Montana Second Judicial District, 2015 MT 294 (Oct. 13, 2015) (Baker, J.) (5-0, writ granted, rev’d)

Issue: (1) Whether the Court will accept review of the state’s petition for supervisory control, and (2) whether the district court erred in holding that the limitations period for unlawful possession of wildlife begins to run on the date a person gains control or ownership of the unlawfully taken wildlife.

Short Answer: (1) Yes, and (2) yes. A violation of § 87-6-202(1), MCA, is continuous conduct for statute of limitations purposes.

Writ of supervisory control granted; district court’s dismissal of counts I & V reversed

Facts: The state charged Joseph McGrath with several offenses under Title 87, MCA, including four counts of unlawful possession of wildlife under § 87-6-202(1).…

Meek v. Montana Eighth Judicial District Court

Meek v. Montana Eighth Judicial District Court, 2015 MT 130 (May 13, 2015) (McGrath, C.J.; McKinnon, J., dissenting) (6-1, supervisory control granted)

Issue: Whether the district court properly granted a defense motion in limine to restrict the medical damages evidence admissible at trial, and properly granted summary judgment against Meek on that issue.

Short Answer: No.

Writ of supervisory control granted

Facts: Judy Meek died in January 2012 after a fall at a business in November 2011. Sharon Meek, the PR of Judy’s estate, brought suit against the business where the fall happened, seeking damages for survival and wrongful death.

Between the time of the fall and Judy’s death, Judy’s medical providers billed $197,154 for her care. Judy had Medicare coverage, with supplemental coverage through BC/BS.…

Estate of Bennett

Estate of Bennett, 2013 MT 230 (Aug. 20, 2013) (7-0) (Rice, J.)

Issue: Whether the Court should issue a writ of supervisory control over the lower court’s order holding that the Bennetts are not entitled to damages from the wrongful death of their adult son.

Short Answer: Yes. Wrongful death damages are personal to the survivors, and are not controlled by intestate succession statutes.

Writ granted