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Bedford v. Jorden |
This action was brought by Dale C. Bedford, appellant, on an amended complaint on two counts seeking special damages in the amount of $750, unspecified general damages, and $50,000 in punitive damages against E.E. Jorden, a Billings, Montana veterinarian and his partnership. The first count of complaint alleges that the defendant, Dr. Jorden, willfully or by gross negligence broke, or allowed to be broken a wing of a parrot belonging to the appellant, Bedford. The second count alleges that Dr. Jorden and his business willfully, wantonly or maliciously failed to provide adequate care for the parrot. The court found that the interrogatories and depositions of all witnesses, including the appellant, indicate that there was no evidence produced that would establish a prima facie case of negligence, let alone intentional cruelty or inhumanity to animals.
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Citizens for Balanced Use v. Maurier |
Upon the Montana Department of Fish, Wildlife, and Parks’s decision to relocate a brucellosis-free herd of bison out of Yellowstone National Park and into tribal lands, plaintiffs sought an injunction to halt this movement until the department complied with MCA § 87-1-216. The District Court granted the plaintiffs a preliminary injunction. Upon appeal by defendants and defendant intervenors, however, the Supreme Court of Montana held that MCA § 87-1-216 did not apply and that the District Court relied on erroneous grounds for issuing a preliminary injunction under MCA § 27-19-201(2). The case was therefore reversed, the preliminary injunction vacated and the case was remanded back to the District Court.
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Detailed Discussion of Montana Great Ape Laws |
The following article discusses Great Apes law in Montana. Mississippi law directly regulates Great Apes by a law that bans the importation and possession of certain wild animals deemed "inherently dangerous." In addition, the state also addresses Great Apes in its general anti-cruelty law as well as its endangered species provisions. While the state of Montana controls possession and importation of “exotic wildlife” by law, great apes are not specifically identified or addressed. Instead, Montana regulates the possession of great apes by administrative regulation and reference to the federal endangered species list. In the regulations, great apes are specifically defined as a "prohibited species " meaning they “may not be possessed, sold, purchased, exchanged, or transported in Montana, except as provided. . .”. In addition, Montana law addresses the commercial use of great apes in what it terms, “roadside menageries,” where animals are kept in captivity for the purpose of exhibition or attracting trade. Like other states, Montana does not define Great Apes as "endangered," either under its own endangered species law or accompanying regulation. It does, however, cover them by reference to federal law. Finally, great apes are covered under the state’s anti-cruelty law. However, the law contains a number of exempt categories including scientific research and teaching. |
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In re Marriage of Piskalns |
The parties both appealed from the district court’s orders distributing the marital estate upon the parties’ divorce. Kara Pilskalns claimed that the court erred when it granted ownership of Maggie, the couple’s dog, to Andrew Pilskalns. This court affirms the decision, declining to use the best interest of the child standard for the distribution of pets as they are marital property. |
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McDermott v. Carie, LLC |
Plaintiff, after signing waiver of liability release, severed his finger while untying the horse from a fence. Though the waiver was illegal, defendants were allowed to enter a redacted release into evidence to show that the plaintiff was aware that equine activities were inherently dangerous. Montana Supreme Court held that the trial court did not err in admitting the document and that because plaintiff had failed to object to the release during trial and voir dire, he waived his right to appeal.
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McPherson v. Schlemmer |
In
McPherson v. Schlemer
, plaintiff’s cows were killed by defendant when they wandered onto the highway. The court determined that damages were calculated at the present and future profits for fair market value.
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Montana - Health - 32.3.213. SPECIAL REQUIREMENTS FOR DOGS AND CATS |
This Montana regulation states that dogs and cats may enter the state of Montana provided they are accompanied by an official health certificate of the state of origin issued by an accredited veterinarian and officially vaccinated by a licensed veterinarian against rabies in accordance with procedures recommended in the latest version of the U.S. Public Health Compendium for rabies vaccine. Rabies vaccination requirements do not apply to puppies and kittens under three months of age. |
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MT - Assistance Animal - Assistance Animal/Guide Dog Laws |
The following statutes comprise the state's relevant assistance animal and guide dog laws. |
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MT - Bear - Chapter 5. Wildlife Protection. Part 3. Grizzly Bear |
These Montana statutes state that state policy is to manage grizzly bears to avoid conflicts with humans and livestock, and control distribution by trapping and lethal measures. The commission may regulate the hunting of grizzlies and establish requirements for their transportation, exportation, and importation. |
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MT - Bite - Chapter 1. Availability of Remedies--Liability. |
This Montana statute provides that the owner of any dog which shall without provocation bite any person while such person is on or in a public place or lawfully on or in a private place, including the property of the owner of such dog, located within an incorporated city or town shall be liable for such damages as may be suffered by the person bitten regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. |
