Opinion

Simmons v. State

  • 206 Mont. 264
  • 670 P.2d 1372
  • 1983 Mont. LEXIS 818
Court
Montana Supreme Court
Filed
Oct 17, 1983
Status
Published
Author
Weber
On the bench
Gulbrandson, Weber, Haswell, Harrison, Shea, Sheehy, Morrison
Cited by
55 cases

“Principles of 18 comity, as well as due process, require that we not subject Oregon to the possibility 20 1 of lawsuits in every state served by its medical testing facilities. To do otherwise 2 could conceivably jeopardize the availability of this service.”

How later courts described this case

  • “Principles of 18 comity, as well as due process, require that we not subject Oregon to the possibility 20 1 of lawsuits in every state served by its medical testing facilities. To do otherwise 2 could conceivably jeopardize the availability of this service.”
  • “Principles of comity, as well as due process, require that we not subject Oregon to the possibility of lawsuits in every state served by its medical testing facilities. To do otherwise could conceivably jeopardize the availability of this service.”
  • Montana court declined to assert jurisdiction against the state of Oregon in a medical malpractice action

Written by the judges who cited it.

The opinion

MR. JUSTICE WEBER

specially concurs as follows:

I concur in the foregoing majority opinion only on the ground that we should decline jurisdiction as a matter of comity.

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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