Chair of Litigation Committee
ACLU of Montana
Member, American Bar Association
Environment, Energy and Resources Section
Member, Montana Bar Association
Women's Law Section
Member, Wyoming Bar Association
Representative Appeals
Montana Power Company v. Montana Public Service Commission and Large Customer Group, 26 P.3d 91 (Mont. 2001). In a multi-million dollar electricity deregulation dispute, the Court reversed the district judge and held in favor of our client that the Public Service Commission has the authority to define transition costs as a one-time occurrence, and did not engage in an unconstitutional taking by declining to allow a 25-year future "tracker" of such costs.
ARCO Environmental Remediation, L.L.C. v. Dept. of Health and Environ. Quality of Montana and U.S. Environmental Protection Agency, 213 F.3d 1108 (9th Cir. 2000). In a dispute over a PRP's right to review documents exchanged by EPA and a state agency regarding CERCLA remedial and NRD restoration issues, the Court held that CERCLA does not pre-empt a state's "right to know' law, and remanded an improperly removed case to state court for decision under the broader state law rather than FOIA.
Aviation Methods, Inc. v. Tafoya, et al., 176 F.3d 481 (Table No. 97-35424), 1999 WL 197169 (9th Cir. 1999). Reversing, in part, a summary judgment against our client, the Court established the right of a defendant in multidistrict air crash litigation to seek contribution from co-tortfeasors to multimillion dollar settlements reached with the families of crash victims.
Marshall v. State of Montana, 975 P.2d 325 (Mont. 1999). Ruling in favor of public interest groups, including our amicus curiae client, the Court declared unconstitutional an initiative that stripped the taxing power from Montana's legislature.
Continental Ins. Co. v. Montana Bancsystem, Inc., 996 F.2d 1223 (Table No. 91-36193), 1993 WL 212646 (9th Cir., 1993). Affirming summary judgment in favor of our client, the Court ruled that a mental injury occurring outside the policy period triggered a duty to defend years after an insurance relationship had ended.
Temple v. Chevron U.S.A., Inc., 840 P.2d 561 (Mont. 1993). In this case of first impression, the Court affirmed dismissal for our client and established a new doctrine that plaintiffs may not use an equitable process outside the Montana Rules of Civil Procedure to engage in fishing expedition discovery designed to establish liability among one of several potential tortfeasors.
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