Opinion

Schuff v. A.T. Klemens & Son

  • 303 Mont. 274
  • 57 State Rptr. 1499
  • 16 P.3d 1002
  • 2000 MT 357
  • 2000 Mont. LEXIS 380
Court
Montana Supreme Court
Filed
Dec 27, 2000
Status
Published
Author
Harkin
On the bench
James C. Nelson
Cited by
81 cases

explaining that appellate courts are under no obligation to review 17 unclear or undeveloped arguments

How later courts described this case

  • explaining that appellate courts are under no obligation to review 17 unclear or undeveloped arguments
  • reciting and applying the general rules of statutory construction to include the rule that the specific governs the general
  • “[T]he disqualification of an attorney or firm, or any other sanction, based solely on a rule violation — absent sufficient proof of prejudice — • would likely exceed a district court’s jurisdiction, in that the sanction would be nothing more than a means of ‘punishing’ the attorney or firm for the violation.”
  • affirming default judgment on liability based on "willful and in bad faith" non-disclosure of unfavorable evidence centrally relevant to asserted claim

Written by the judges who cited it.

The opinion

JUDGE HARKIN, District Judge,

concurring in part and dissenting in part.

¶144 I concur with the Court’s analysis and decision as to Issues 1,2, 3,4, 6 and 7.1 concur with the Court’s analysis and decision as to Issue 5, except I do not agree with that part of the analysis which resolves the Social Security survivor benefits matter by application of the canon of construction expresio unius est exclusio alterius.

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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