# Schuff v. A.T. Klemens & Son

> Montana Supreme Court · December 27, 2000 · 303 Mont. 274

URL: https://www.frixlaw.com/law-library/cases/9510472

## Case

- **Full name:** COLLEEN KAREN SCHUFF, Individually and as Personal Representative of the ESTATE of WILLIAM SCHUFF, Deceased, ADAM SCHUFF, and JACOB SCHUFF, Plaintiffs, Respondents, and Cross-Appellants, v. A.T. KLEMENS & SON, Defendant, Appellant and Cross-Respondent
- **Court:** Montana Supreme Court
- **Decided:** December 27, 2000
- **Citations:** 303 Mont. 274; 57 State Rptr. 1499; 16 P.3d 1002; 2000 MT 357; 2000 Mont. LEXIS 380
- **Precedential status:** Published
- **Opinion:** Concurring in part by Harkin
- **Judges:** James C. Nelson
- **Cited by:** 81 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9510472

## How later opinions describe it (automated extraction)

- explaining that appellate courts are under no obligation to review 17 unclear or undeveloped arguments
- affirming default judgment on liability based on "willful and in bad faith" non-disclosure of unfavorable evidence centrally relevant to asserted claim

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9510472. Public record. Not legal advice.