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Intentional Infliction Of Mental Distress In Montana, Carl W. Tobias
Intentional Infliction Of Mental Distress In Montana, Carl W. Tobias
Law Faculty Publications
In several recent opinions, the Montana Supreme Court indicated its willingness to recognize intentional infliction of mental distress as an independent tort, even as the court stated that no plaintiff had presented a factual situation which would satisfy the elements of the cause of action. In the 1995 case of Sacco v. High Country Independent Press, Inc., the Montana Supreme Court held that an "independent cause of action for intentional infliction of emotional distress will arise under circumstances where serious or severe emotional distress to the plaintiff was the reasonably foreseeable consequence of the defendant's intentional act or omission. " …
Continuing Federal Justice Reform In Montana, Carl W. Tobias
Continuing Federal Justice Reform In Montana, Carl W. Tobias
Law Faculty Publications
I analyzed refinements in the experimentation which the Montana Federal District Court and other districts have conducted under the Civil Justice Reform Act (CJRA) of 1990 and I assessed certain proposed legal reforms which the Republican Party included in its Contract With America in the last issue of the Montana Law Review. I reported that the Montana Federal District Court had prepared a set of local rule changes in light of the 1993 Federal Rules amendments and that the district had formally proposed those modifications for public comment. I also reported that the United States House of Representatives had passed …
Ongoing Federal Civil Justice Reform In Montana, Carl W. Tobias
Ongoing Federal Civil Justice Reform In Montana, Carl W. Tobias
Law Faculty Publications
The essay initially provides an update of pertinent developments respecting civil justice reform in the United States and in the Montana Federal District Court. The paper emphasizes the agreement of House and Senate conferees on a products liability reform measure which involves civil justice reform and the work of the Ninth Circuit Local Rules Review Committee. The essay concludes with a brief glance into the future.