Archive | March, 2015

In the Matter of AH, LM, & JM

In the Matter of AH, LM, & JM, 2015 MT 75 (March 10, 2015) (McKinnon, J.) (5-0, affirmed)

Issue: (1) Whether Mother’s due process rights were violated by delays in holding the show cause, adjudicatory and dispositional hearings; and (2) whether the district court erred in finding that Mother failed to complete her treatment plan and that the condition rendering her unfit to parent was unlikely to change in a reasonable time.

Short Answer: (1) No, and (2) no.

Affirmed

Facts: Mother has three children, JM (2006 – father is TT), LM (2009 – father is AA) and AH (2010 – father is FH). DPHHS received several reports of bruises and bite marks on the children in July 2011. It removed the children from Mother’s care in August 2011.…

State v. Duong

State v. Duong, 2015 MT 70 (March 3, 2015) (McGrath, C.J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the officer had particularized suspicion to stop Duong’s vehicle; (2) whether the district court erred in ordering Duong to pay for the costs of his interpreter; and (3) whether the district court erred in imposing a 10% administration fee on Duong.

Short Answer: (1) Yes; (2) yes; and (3) yes.

Affirmed (1), reversed (2 & 3), and remanded for revision of the sentence 

Facts: Trooper Muri was patrolling on I-94 near Glendive one night with DEA Agent Smith in the car with him. The patrol car was stationary along the road when Duong drove past. The officer pulled onto the road and traveled at high speed before reaching Duong’s vehicle, which he followed for about two miles.…

Montana Public Employees’ Assoc. (MPEA) v. City of Bozeman

Montana Public Employees’ Assoc. (MPEA) v. City of Bozeman, 2015 MT 69 (March 3, 2015) (Baker, J.) (5-0, rev’d)

Issue: (1) Whether the district court improperly decided an issue of procedural arbitrability; and (2) whether the dispute is substantively arbitrable.

Short Answer: Yes, and (2) yes.

Reversed and remanded

Facts: Following the employee grievance procedure in the collective bargaining agreement between MPEA and the city of Bozeman, MPEA gave timely notice in 2009 to the city of its decision to arbitrate the grievance of a terminated employee, Robert Chase. MPEA then failed to timely request a list of potential arbitrators from the Montana Board of Personnel Appeals. In June 2010, the city declined to participate in arbitration on the basis of that failure.…

Arlington v. Miller’s Trucking, Inc.

Arlington v. Miller’s Trucking, Inc., 2015 MT 68 (March 3, 2015) (Shea, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the hearing officer properly found that Arlington and Miller’s did not have an oral employment agreement guaranteeing over $60,000 a year in wages; (2) whether Miller’s failure to keep proper records of Arlington’s hours can be attributed to Arlington; (3) whether Arlington met his burden of production by introducing evidence of hours he worked; (4) whether the hearing officer properly denied Arlington’s overtime wage claim because Arlington’s records lacked credibility; and (5) whether the hearing officer abused his discretion in excluding documents showing Miller’s failed to comply with hours-of-service requirements.

Short Answer: (1) Yes; (2) no; (3) yes; (4) no; and (5) no.…