Category: Firm News

A highly publicized, tragic shooting in Billings has highlighted Montana law on homicide and self-defense. In May, 15-year-old MacKeon Schulte and another teenage boy went to surprise their friend Seth Culver by knocking on his bedroom window. It was well after midnight, and when they got no initial response, Schulte retrieved a cinder block on which to stand. Schulte stepped onto the block, and Culver, not realizing it was his friend, shot Schulte, killing him. Shortly after the killing, in an interview with the police, Culver said that he would have done anything to have prevented his friend’s death, such as calling out before shooting or putting the gun down.

In Montana, the legal definition of rape is “sexual intercourse without consent.” As inferred by the name, it simply means that one person was subjected to intercourse without being a willing participant. But what is meant by statutory rape? It is not a term found in the state code governing sexual assault. Statutory rape occurs under certain circumstances that also constitute sexual intercourse without consent. The focus is on the consent component. In a case of alleged rape, there may be a disagreement as to whether the intercourse was consensual. A case that goes to trial will leave it up to a jury to decide whether non-consensual intercourse occurred. But

Facebook and other social media sites became off limits to employers in Montana as of April 23, 2015 when House Bill 343 was signed into law by the Governor. The bill prohibits employers from making applicants for employment, or employees, provide information from their social media sites, or provide their logon information for those sites. It also prohibits employers from firing, disciplining, or retaliating against someone who refuses to obey a request for the information. The prohibitions do not apply to employer-owned or -provided electronic devices. Employers may still require an employee to provide logon information for company-owned cell phones, computers, and tablets, or to access employer-provided software or e-mail accounts. There

When employers are conducting investigations into employee or company wrongdoing, it is standard practice for interviewees to be instructed not to talk about the case while it is being investigated. Many employers go so far as to use a standard form that employees are asked to sign agreeing to maintain confidentiality regarding the investigation. The National Labor Relations Board recently took issue with this practice in a case that an employee filed claiming he was terminated for engaging in protected activity. Under the National Labor Relations Act, employees are guaranteed the right to engage in concerted activities with the intent of improving pay or working conditions. In the case, the employee had

In July, the Equal Employment Opportunity Commission  issued a decision in a federal government discrimination case in which it was stated that discrimination based on sexual orientation is a violation of Title VII of the Civil Rights Act. Perhaps because the EEOC’s statement on the issue followed so closely after the U.S. Supreme Court’s landmark decision on same-sex marriage, legal commentators are treating it as a major event. The truth is, however, the EEOC has been consistent for several years in delivering that message. In 2012, the EEOC adopted a Strategic Enforcement Plan that included lesbian, gay, bisexual, and transgender individuals as being covered under Title VII’s prohibition of sex discrimination. This meant that the

Often, lawyers are asked about whether a lawsuit may be brought for harm caused by a dog bite. Montana does permit recovery for injuries due to dog bites, provided they are filed within three years. However, the standard to prove a dog bite case depends on the circumstances, and there are at least two defenses to dog bite claims. The Montana Legislature has passed what is known as a “strict liability” law that governs dog bites that occur in incorporated cities or towns. This means that unless a defense applies, dog owners are liable to the person bitten, contingent upon a few factors: The injury occurred in an incorporated city

The United States Congress is considering the first significant updating of the Toxic Substances Control Act in almost 40 years. The proposed legislation comes in response to the contamination of the water supply of more than 300,000 people in West Virginia. The Act was passed in 1976 and regulates the chemicals that are used in commerce. Under the Act, the Environmental Protection Agency is charged with identifying chemicals in use and screening new chemicals being introduced. The goal is for the EPA to identify risks posed to the public by hazardous chemicals. Once a chemical is determined to pose an unreasonable risk, the EPA is to implement rules to govern its manufacture,

Earlier this year, the Montana Supreme Court heard oral arguments in an appeal filed by Cody Marble, who was convicted of raping another boy when the teens were in a Missoula juvenile detention center in 2002. A little over one year ago, the victim killed himself during a several-hour standoff with Havre police after a traffic stop. The victim accused Marble of raping him in a shower, and parts of the victim’s testimony were corroborated by other juveniles housed at the facility. Throughout the ordeal, Marble has denied that the offense occurred. Several years after Marble’s conviction, after a visit from the Montana Innocence Project, the victim recanted his trial

Some aspects of accidents are easy to see, like skid marks, damaged guardrail, and dented cars. Even cuts, abrasions, and some broken bones can be detected by the naked eye. Too often, though, other damages, particularly those to the human body, may be lurking in the background. They may not surface until well after the accident, and they often cannot be seen at all. These types of injuries are known as “soft tissue injuries.” Soft tissue injuries are common after car wrecks, as well as other types of accidents. The most common soft tissue injury is whiplash, which occurs when the head is shaken back and forth after a severe impact.

The Ninth U.S. Circuit Court of Appeals put an end this year to the government’s legal action against former baseball player Barry Bonds. The court issued an order overturning a jury verdict which convicted him of obstruction of justice. Although the Department of Justice could have appealed the case to the United States Supreme Court, it notified the court just before the filing deadline that an appeal would not be filed. Bonds had been brought before a federal grand jury in the government’s probe of the use of performance enhancing drugs in Major League Baseball. His testimony resulted in the U. S. Attorney seeking perjury charges against him. In the end, the