JonathanTurley
SEPTEMBER 21, 2023
This includes the Montana case of Brice Harper, 24, who gunned down Dan Fredenberg, 40, in his garage. There is an allowance in torts for mistaken self-defense. We have previously discussed Castle Doctrine laws or “make my day” laws, including other cases involving garage shootings or shootings off the property of the homeowner.
JonathanTurley
OCTOBER 13, 2021
This includes the Montana case of Brice Harper, 24, gunned down Dan Fredenberg, 40, in his garage. We have previously discussed Castle Doctrine laws or “make my day” laws, including other cases involving garage shootings or shootings off the property of the homeowner.
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Conflict of Laws
JULY 5, 2021
Supreme Court decision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. It was often assumed that the claim must have “arisen out of” the defendant’s forum contacts: what did that mean?
JonathanTurley
DECEMBER 1, 2021
That is similar to a prior case we discussed where a Montana man was accused of luring the enraged lover of his wife into a garage and then shooting him. (He Indeed, I do believe that he escalated the situation unnecessarily and that this death could have been avoided by simply waiting for the police.
ClimateChange-ClimateLaw
NOVEMBER 1, 2016
The appellate court also agreed with the court below that it was not appropriate to recognize a new tort of “intentional investment in abnormally dangerous activities” advocated by the plaintiffs on behalf of future generations.
ClimateChange-ClimateLaw
NOVEMBER 16, 2020
Montana Federal Court Denied Requests to Stop Work on Keystone Pipeline, Asked for More Briefing on Separation of Powers Issues. In two lawsuits challenging the 2019 Presidential Permit for the Keystone XL pipeline, the federal district court for the District of Montana denied requests to enjoin work on the pipeline. Bernhardt , No.
ClimateChange-ClimateLaw
FEBRUARY 10, 2021
Montana Federal Court Found Failure to Take a Hard Look at Costs of Greenhouse Gas Emissions in Review of Coal Mine Expansion. The federal district court for the District of Montana found flaws in an updated environmental assessment for a mining plan modification that extended the life of the Spring Creek Mine, a surface coal mine in Montana.
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