St. James Comm. Hosp. v. Dist. Court, Eight Judicial Dist

3 Citing cases

  1. Western Tradition P'ship, Inc. v. Attorney Gen. of Maotana

    363 Mont. 220 (Mont. 2011)   Cited 18 times
    In Western Tradition, the Supreme Court of Montana declared that “Citizens United was a case decided upon its facts, and involved ‘unique and complex rules'....” 271 P.3d at 5.

    The Montana Constitution, Art. 2, § 10, expressly incorporates the standard for evaluating issues affecting the right of individual privacy. Montana Hum. Rights Div. v. City of Billings, 199 Mont. 434, 439–40, 649 P.2d 1283, 1286 (1982); St. James Comm. Hosp. v. District Court, 2003 MT 261, ¶ 4, 317 Mont. 419, 77 P.3d 534. Under Montana law the government must demonstrate a compelling interest when it intrudes on a fundamental right, and determination of a compelling interest is a question of law.

  2. Montana Shooting Sports Assoc, v. State

    355 Mont. 49 (Mont. 2010)   Cited 4 times

    The right of privacy, under the Montana Constitution, is a fundamental right, which includes the right to informational privacy; that is, the right of individuals to control the disclosure and circulation of personal information. See St. James Community Hosp., Inc. v. District Court, 2003 MT 261, ¶ 8, 317 Mont. 419, 77 P.3d 534; Gryczan v. State, 283 Mont. 433, 449, 942 P.2d 112, 122 (1997). The right of privacy protects information if (1) the individual has a subjective expectation of privacy regarding the information and (2) that expectation is reasonable.

  3. PacificSource Health Plans v. Atl. Specialty Ins. Co.

    No. CV-21-64-BU-BMM (D. Mont. Mar. 12, 2024)

    Plaintiffs in a class action suit generally bear the costs of class notification. St. James Cmty. Hosp., Inc. v. Dist. Court, 77 P.3d 534, 537 (Mont. 2003).