Opinion

Small v. McRae

  • 200 Mont. 497
  • 651 P.2d 982
  • 1982 Mont. LEXIS 943
Court
Montana Supreme Court
Filed
Oct 4, 1982
Status
Published
Author
Shea
On the bench
Harrison, Sheehy, Shea, Haswell, Daly, Morrison, Weber
Cited by
36 cases

holding that it is "clearly settled" that "where there is a failure to establish an essential element of the [defamation] cause of action, the case becomes one of law for the Court"

How later courts described this case

  • holding that it is "clearly settled" that "where there is a failure to establish an essential element of the [defamation] cause of action, the case becomes one of law for the Court"
  • attempted deliberate homicide “requires proof that the defendant had the purpose to cause the death of another . . . and acted toward purposely or knowingly causing” that person to die—emphasis added
  • “Only in those cases where it is certain that the arbitration clause contained in a [CBA] is not susceptible to an interpretation that covers the dispute is an employee entitled to sidestep the provisions of the collective bargaining agreement.”

Written by the judges who cited it.

The opinion

MR. JUSTICE SHEA,

concurring:

I agree with the result reached by the majority, but not in its reasoning. Clearly, there was no libel. And just as clearly, the plaintiff should have exhausted the contract grievance procedures before resorting to the courts.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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