Slip and Falls on Your Property – When Are You Responsible?
If you own a house, a business or a piece of property, you have probably worried about whether or not you can be held responsible for “slip and fall” injuries. The following is a brief explanation of the general rules of premises liability. The law in Montana used to separate people coming onto your property Read more ➝
The False Claims Act: The Lincoln Era Law That Is More Relevant Than Ever
The False Claims Act (FCA), 31 U.S.C. §§ 3729 – 3733 was enacted in 1863 by a Congress concerned that suppliers of goods to the Union Army during the Civil War were defrauding the Army. The Act provided that anyone who knowingly submitted a false or fraudulent claim to the government was responsible for twice Read more ➝
What Does it Cost to Hire a Lawyer?
Legal assistance is not cheap. A client pays a lawyer for the lawyer’s expertise in specific areas of the law. This is a brief look at some of the most common ways in which a lawyer charges a client for the services provided. Hourly Fees: Hourly billing is the most common type of billing lawyers Read more ➝
A Brief Look Inside An Insurance Company’s Secret Playbook
Picking a good insurance company is important, but avoiding the wrong ones is more important. This brief article will discuss a case out of Utah, Campbell v. State Farm, 2001 UT 89. In it, the Utah Supreme Court discusses the business practices employed nationwide by State Farm intended to maximize profits while minimizing expenses. The Read more ➝
The Anatomy of a Civil Lawsuit
Many people do not know what actually happens when one person “sues” another. The path to a jury is not straight or quick, but involves significant preparation and planning. This brief guide is meant to be a brief overview of the typical steps necessary to prevail on a civil lawsuit filed in state court. The Read more ➝
Things you should know: Medical Malpractice Claims
According to the Journal of the American Medical Association, as many as 225,000 people die each year from acts of medical negligence. This includes around 12,000 deaths from unnecessary surgery and 7,000 deaths from medication errors in hospitals. Despite the prevalence of healthcare provider malpractice and the often devastating effects of even small acts of Read more ➝
Employment Laws Everyone Should know
Employment laws everyone should know Note: this posting was an update and modification (to include Montana law) of a 2010 post written by Donna Marie Ballman. The original post is available at https://www.avvo.com/legal-guides/ugc/employee-rights-overview Discrimination You have the right to be free from discrimination in several contexts. The most common context is employment, however anti-discrimination laws Read more ➝
What are your thoughts on ‘Marcy’s Law’?
Blog Post from Montana Cowgirl Blog, See full article HERE James Conner at the Flathead Memo wrote this week about “Marsy’s Law,” a ballot measure for which signatures are now being gathered in Montana. Marsy’s Law is what is known by its advocates as a “victims Bill of Rights,” and is modeled on a ballot measure Read more ➝
Preparing for a Deposition
You have been called as a witness in a deposition in a civil case. A deposition (sometimes called a statement under oath, or “SUO”) consists primarily of questions by lawyers and your answers, under oath, with your lawyer present. A deposition is not a trial. There is no judge or jury present, and nobody is Read more ➝
Ridley and DuBray: When Liability is Reasonably Clear
“I was in a car wreck that was not my fault. The insurance company is saying they’ve determined their insured is 80% at fault, so they will pay me 80% of my medical bills and 80% of my property damage. Is that legal?” In Montana, insurance companies have certain obligations to injured parties that begin Read more ➝