Justia Professional Malpractice & Ethics Opinion Summaries

The Supreme Court affirmed the order entered by the district court dismissing as time-barred Appellant's negligence claims against Community Hospital of Anaconda and Pintler Surgical Specialists (collectively, CHA), holding that there was no error.Specifically, the Supreme Court held that the district court (1) did not err by concluding that Appellant's claim against CHA was a professional negligence claim subject to the two-year period of limitations pursuant to Mont. Code Ann. 27-2-205(1); and (2) did not err by ruling that Appellant's medical negligence claim was not tolled under section 27-2-205(1) and dismissing the claim as time-barred. View "Selensky-Foust v. Mercer" on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing Plaintiffs' legal malpractice action with prejudice, holding that the district court did not err.Plaintiffs filed this legal malpractice suit against Defendant, the law firm of their former attorney who represented them in a tort case involving a boating accident, for its failure to discover and make a claim against a homeowners insurance policy with a $500,000 policy limit. The court granted summary judgment to Defendant and dismissed Plaintiffs' complaint. The Supreme Court affirmed, holding that the district court (1) did not err in denying Plaintiffs' motion for partial summary judgment on the issue of whether an endorsement deleted the watercraft exclusion from the insurance policy; (2) did not err in granting summary judgment to Defendant on the issue of whether there was insurance coverage under the insurance policy for the boating accident and dismissing the legal malpractice claims; and (3) did not abuse its discretion in denying Plaintiffs' Rule 60(b) motion for relief from judgment. View "Young v. Hammer" on Justia Law

The Supreme Court affirmed the order of the district court granting summary judgment in favor of ALPS Property & Casualty Insurance Company and declaring that ALPS owed no duty to defend or indemnify Defendants in a malpractice suit, holding that the district court correctly granted summary judgment to ALPS.ALPS brought this action seeking a declaration that it owed no duty to defendant or indemnify Keller, Reynolds, Drake, Johnson & Gillespie, P.C. (the firm) or any of its members for claims Bryan Sandrock, GG&ME, LLC and DRAES, Inc. (collectively, Sandrock) asserted in a malpractice suit against the firm and three of its attorneys. In granting summary judgment for ALPS, the district court held that the firm's ALPS policy did not provide coverage for Sandrock's claim. The Supreme Court affirmed, holding that the district court correctly concluded that there was no coverage under the policy because a member of the firm knew the basis of the legal malpractice claim before the effective date of the policy. View "ALPS Property & Casualty Insurance Co. v. Keller" on Justia Law

The Supreme Court affirmed the judgment of the district court determining that Defendant, a chiropractor, was not negligent in his care of Plaintiff, holding that the district court did not abuse its discretion in any of the rulings challenged by Plaintiff.Plaintiff brought this action alleging that Defendant herniated her cervical disc, did not treat her consistent with the standard of care required by a chiropractor in Montana, and was negligent in his examination and treatment of her. After denying both parties' motions for partial summary judgment a trial was held. The jury returned a special verdict finding Defendant was not negligent in his care of Plaintiff. The Supreme Court affirmed, holding (1) the district court did not err in determining that there was disputed issues of material fact as to the chiropractic standard of care and whether Defendant departed from that standard of care; (2) the court did not abuse its discretion in admitting evidence of Defendant's habits and routine practices when treating patients; (3) the district court did not err in admitting Defendant's perpetuated expert testimony; and (4) any error in admitting alternative cause evidence or allowing Plaintiff to be impeached with her attorney's application to the Montana Chiropractic Legal Panel was harmless. View "Howlett v. Chiropractic Center, P.C." on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court reversing the Montana Commissioner of Political Practices' summary decision of complaint without informal contested case hearing against Montana Board of Regents of Higher Education member Martha Sheehy, holding that Sheehy did not violate the Montana Code of Ethics, that the Commissioner lacks enforcement authority over regents, and that regents are public employees subject to the Ethics Code.The Commissioner concluded that Regents are public employees subject to the Commissioner's Ethics Code enforcement authority and that Sheehy violated the Ethics Code by soliciting support for a ballot issue while suing public time, facilities, and equipment. The district court overruled the Commissioner's summary decision, concluding that the Ethics Code does not apply to regents, that the Commissioner lacked enforcement authority over regents, and that Sheehy's statements did not violate the Ethics Code. The Supreme Court reversed in part, holding (1) the Ethics Code applies to the Board of Regents of the Montana University System; (2) Sheehy did not violate the Ethics Code; and (3) the Commissioner does not have authority to enforce the Ethics Code against members of a state administrative board, like the Board of Regents. View "Sheehy v. Commissioner of Political Practices" on Justia Law

The Supreme Court affirmed the judgment of the district court reversing the decision of the Office of the Commissioner of Political Practices (the Commissioner) that the Montana Department of Fish Wildlife and Parks (FWP) was responsible for ethics violations.Trap Free Montana Public Lands (Trap Free) filed an ethics complaint alleging that FWP allowed the Montana Trappers Association (MTA) to use an FWP-owned trailer and equipment in MTA’s efforts to oppose a ballot initiative, in violation of Mont. Code Ann. 2-2-101 and -121. A hearing examiner found that FWP staff were responsible for three statutory violations for the occasions when MTA members used the trailer and equipment in conjunction with its political advocacy efforts. The Commissioner adopted the hearing examiner’s recommendation that the Commissioner impose an administrative penalty on FWP. The district court reversed, concluding that FWP employees did not violate state ethics laws. The Supreme Court affirmed, holding that where section 2-2-121(3)(a) prohibits public employees from using public resources for political purposes, and where MTA members are not public employees, there was no violation of the ethics code. View "Montana Fish, Wildlife and Parks v. Trap Free Montana Public Lands" on Justia Law

The Supreme Court affirmed the denial of Plaintiffs’ motion to substitute Judge Edward P. McLean in this legal malpractice case.Plaintiffs sued Defendants for legal malpractice. After the Supreme Court reversed and remanded for an order of summary judgment, Judge McLean assumed jurisdiction in this case. After the trial, Judge McLean retired, and Chief Justice McGrath issued an order calling Judge McLean back into active service to preside over the case. Judge McLean then entered a final judgment in the case. The Supreme Court reversed and remanded for a new trial to determine the amount of Plaintiffs’ damages. Thereafter, Plaintiffs filed a motion for substitution of Judge McLean. Judge McLean denied the motion as untimely. The Supreme Court affirmed, holding that the district court correctly denied Plaintiffs’ motion where Plaintiffs had actual notice of Judge McLean’s assumption of jurisdiction, and Judge McLean retained jurisdiction after the Supreme Court reversed and remanded in Labair II and the Labairs filed their motion for substitution after the twenty-day deadline under Mont. Code Ann. 3-1-804(12). View "Labair v. Carey" on Justia Law

Holly and Robert Labair filed a legal malpractice claim for Steve Carey and Carey Law Firm (collectively, Carey) related to Carey’s representation of them in a medical malpractice action. The district court granted summary judgment to Carey. The Supreme Court reversed and remanded to the district court for a trial to establish two required components of the damages element of the Labairs’ claim: (1) that it was more probable than not that they would have recovered a settlement or judgment but for Carey’s negligence, and (2) the value of the lost settlement and/or judgment. After a trial, the jury indicated that the Labairs would not have settled the underlying medical malpractice claim. The district court formally entered judgment in favor of Carey. The Supreme Court vacated the judgment, holding that the district court erred in instructing the jury to decide whether Plaintiffs would have settled the underlying medical malpractice suit. Remanded for a new trial on the question of the value of the lost opportunity to settle. View "Labair v. Carey" on Justia Law

Tina McColl filed a complaint against Michael Lang, N.D., a licensed naturopathic physician, after Lang used black salve to remove a blemish on Lang’s nose, which resulted in an infected third degree burn on McColl’s nose. The jury found Lang departed from the standard of care in his treatment of McColl, which resulted in damages. The jury, however, unanimously denied punitive damages. McColl appealed, seeking a new trial on the issue of punitive damages. The Supreme Court affirmed, holding that the district court did not abuse its discretion when it (1) granted Lang’s motion to exclude evidence of the Food, Drug, and Cosmetic Act prohibition against selling, marketing, or manufacturing drugs not FDA approved and the FDA warning letters regarding the use of black salve as a cure for cancer; and (2) denied McColl’s motion to exclude the testimony of Lang’s expert on the standard of care for a naturopathic physician. View "McColl v. Lang" on Justia Law

Roger and Carrie Peters and Daggin’ Y Cattle Company (collectively, Peters) filed a complaint against Junkermier, Clark, Campanella, Stevens, P.C. and Larry Addink (collectively, Junkermeir) alleging multiple counts stemming from tax services Junkermier performed for Peters. New York Marine, which insured Junkermier under a professional liability policy, defended Junkermeir subject to a reservation of rights. Peters and Junkermeir eventually entered into a settlement agreement and stipulation for entry of judgment without New York Marine’s participation, and the district court scheduled a hearing on the stipulated settlement’s reasonableness. The district court allowed New York Marine to intervene. After a hearing, the district court found that the stipulated settlement amount was reasonable, entered judgment in Peters’s favor, and ordered that Junkermier was not liable for the stipulated settlement. New York Marine appealed, asserting for the first time that the district court judge erred by not disclosing an apparent conflict of interest. The Supreme Court dismissed the appeal without prejudice pending referral to a district judge for hearing on New York Martine’s request for disqualification for cause, holding (1) New York Marine did not waive its disqualification claim; and (2) the presiding judge should have disclosed circumstances that could potentially cause the judge’s impartiality reasonably to be questioned. View "Draggin’ Y Cattle Co. v. Addink" on Justia Law