274 P.3d 724
Mont.2012Background
- LaPlante filed a 1996 action in Blackfeet Tribal Court against Town Pump and Major Brands, alleging chemical dumping on tribal lands caused injury.
- In 2010 the Ninth Circuit held the tribal court lacked subject matter jurisdiction over her claims.
- LaPlante then filed a December 2010 action in Glacier County District Court by transferring the tribal action, which Town Pump moved to dismiss.
- In June 2011 the District Court dismissed the transfer action but directed LaPlante to file a new complaint within 20 days.
- LaPlante filed a new complaint on June 28, 2011, and the cases were consolidated; she moved to substitute the district judge on June 29, 2011.
- Judge McKinnon denied substitution as untimely; the issue is whether the 30-day deadline began when Town Pump appeared in the transfer action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court correctly hold LaPlante's substitution motion untimely? | LaPlante contends time began June 28, 2011 with her new complaint. | Town Pump argues time began February 7, 2011 when it first appeared, and elapsed March 9, 2011. | Yes, substitution motion untimely; time commenced February 7, 2011. |
Key Cases Cited
- H & H Dev., LLC v. Ramlow, 272 P.3d 657 (Mont. 2012) (improperly filed complaint not a legal nullity for limitations purposes)
- Williamson v. Mont. Pub. Serv. Comm'n, 272 P.3d 71 (Mont. 2012) (standing can be cured by amendment after dismissal order)
- Farmers Union Mut. Ins. Co. v. Bodell, 197 P.3d 913 (Mont. 2008) (order dismissing without prejudice not a final judgment)
- Ballas v. Missoula City Bd. of Adjustment, 172 P.3d 1232 (Mont. 2007) (subject matter jurisdiction relates to court power to hear a case)
- Old Fashion Baptist Church v. Mont. Dept. of Revenue, 671 P.2d 625 (Mont. 1983) (jurisdiction principles applied to administrative actions)