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Fenwick v. State Dept. of Military Affairs

Fenwick v. State Dept. of Military Affairs, Disaster & Emerg. Svcs. Div., 2016 MT 80 (April 5, 2016) (Rice, J.) (5-0, aff’d)

Issue: (1) Whether the district court properly held the severance agreement was lawful; (2) whether the district court erred in granting summary judgment when Fenwick claims her consent to the severance agreement was given under duress, undue influence, etc.; (3) whether the district court properly held that the consideration for the agreement did not fail; (4) whether the district court properly dismissed Fenwick’s constitutional claims; and (5) whether the district court properly denied summary judgment to the department on Fenwick’s claims for intentional interference and bad faith.

Short Answer: (1) Yes; (2) this issue was not raised below and is waived; (3) yes; (4) the Court does not reach this issue as any error would be harmless; and (5) having failed to file across-appeal, the department has waived appellate review of this issue.…