On February 14, 2024, MSWD Attorneys Rob Farris-Olsen and Kim Wilson helped secure a landmark ruling to protect Montana’s senior water right holders. The case centers around a 41 lot subdivision east of Canyon Ferry Lake in Broadwater County. The proposed subdivision consisted of 442 acres with 39 residential lots and two commercial lots. The subdivision, as proposed, would have relied on five exempt wells – despite the fact that the basin is closed to new appropriations.  In voiding the approval of the subdivision, the Judge issued an 85 page order taking issue with both the County’s app ..read more

On Friday, June 4, 2023, MSWD attorneys Rob Farris-Olsen and Kim Wilson secured a long sought win vindicating Montana’s constitutional right to know and access to public documents. Rob and Kim represented MEIC and Earthworks in their efforts to obtain communications between Montana’s Governor, Greg Gianforte, and Hecla Mining or Philips S. Baker, Jr. as well as Documents regarding the Montanore and Rock Creek Mines. The Governor refused to produce any records because there was parallel ongoing litigation. His office asserted that the documents were protected by the “pending litigation” excepti ..read more

In Montana, as well as in most of the states, drivers are required to have auto insurance in order to legally operate a vehicle on the road. However, there are some drivers who choose to drive without insurance, which can lead to a variety of problems if they are involved in an accident. That is why uninsured and underinsured motorist coverage is an important type of insurance that drivers should consider purchasing. Uninsured motorist coverage is an optional type of insurance that pays for damages and injuries that a driver may incur in an accident caused by another driver who does not have ..read more

Generally speaking, income tax debt is non-dischargeable in bankruptcy. However, if you have consistently filed your taxes, you may be able to discharge income tax debt that is older than three years, and for which your return was filed more than two years before you filed for bankruptcy. Determining whether your tax debt is dischargeable can be difficult. Fortunately, the Internal Revenue Service provides some guidance: This information was obtained from the IRS website. The IRS also puts out Publication 908, a bankruptcy tax guide that provides more information. If you have questions about ..read more

Generally, when you file a bankruptcy, whether Chapter 7 or Chapter 13, your creditors are prohibited from contacting you because of the automatic stay. And once you receive your discharge, your creditors are prohibited from attempting to collect any of your discharged debts. This is known as the discharge injunction. If your creditors violate either the automatic stay, or the discharge injunction you may be entitled to relief. The automatic stay, as its name suggests, is automatic. Meaning, when you file bankruptcy, your creditors are prohibited from contacting you in an effort to collect mos ..read more

The Fair Debt Collection Practices Act (FDCPA) prohibits “debt collectors” from engaging in certain bad acts. Critically, the act only applies to debt collectors, collecting or attempting to collect a “debt”.  Under the FDCPA, a debt collector is defined as any person who regularly collects or attempts to collect debts owed to others. This includes debt collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them. Some of the debt collectors working in Montana include Centron Services, Inc., operating as Credit Sys ..read more

As Montanans, we enjoy one of the broadest rights to access to government information. The right includes both statewide local government agencies and departments. The basis for this “right to know” is Article II, Section 9 of the Montana Constitution, which provides: No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demands of individual privacy clearly exceeds the merits of public disclosure. Because this right is contained in the Constitution’s ..read more

Montana has gorgeous scenic views that motorcyclists enjoy throughout the year. The geographic changes make for exciting and adventurous rides. However, motorcyclists face serious risks while on the road. In 2020, the National Highway Traffic Safety Administration reported that motorcyclists are about 28 times more likely to die in traffic accidents than individuals in passenger cars. Riders are exposed to many dangers and are vulnerable to life-threatening injuries. Even when motorcyclists take the necessary safety precautions to protect themselves from harmful collisions, another driver may ..read more

One of the most common questions we receive from potential clients pursuing a personal injury case is how much their case could be worth. Because every personal injury case is unique, attorneys must review the details of your specific case before estimating the sum of money you could be awarded for your injury claim­. This is also known as your “damages.” Determine the Value of Your Economic Damages With a Montana Personal Injury Lawyer Many of the damages included in Montana personal injury claims are intended to compensate the claimant for what they have lost because of their injury. Compens ..read more

Motor vehicle accidents claim tens of thousands of lives in the U.S. annually, and large commercial trucks are involved in a significant portion of these crashes. In 2020, just under 5,000 people lost their lives in accidents involving large trucks. Fatal truck accidents are only becoming more and more common, as this is a 31% increase in lives lost to trucking crashes since 2011. Although nothing can bring back a lost loved one or reverse the pain you have suffered from a truck accident injury, the good news is the state of Montana allows victims of truck accidents and families of loved ones ..read more