Denturist Assoc. of Montana v. State Dept. of Labor & Industry, 2016 MT 119 (May 24, 2016) (Rice, J.) (5-0, aff’d & rev’d)
Issue: Whether the district court erred in concluding Brisendine’s claims were barred by res judicata.
Short Answer: No, as to Counts II and III, but yes as to Count I.
Affirmed in part and reversed in part
Facts: The Denturist Association of Montana, on behalf of denturist Carl Brisendine, filed suit against the Board of Dentistry, challenging the validity of A.R.M. 24.138.2302(1)(j) (Rule J). the parties have been in dispute since 1991 in a series of cases. Brisendine’s complaint alleged three counts: discriminatory restraint of trade (Count I), and conflict with various statutes (Counts II and III).…