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334 P.3d 382
Mont.
2014
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Background

  • Thieltges Farms, Chevallier Ranch, and Schindler Ranch sued over TIC investments sold by Acquiron in 2003–2005 and related entities.
  • Petersen, AZ, Acquiron, and Ahmann were defendants; Petersen was a licensed securities salesperson with Royal Alliance (2002–2005).
  • Acquiron sold TICs alleged to defer taxes and provide monthly income from DBSI-managed properties; investors were promised 6–7% annual returns.
  • DBSI announced in October 2008 that cash flow was insufficient; payments to investors ceased for several properties.
  • DBSI filed for bankruptcy; Royal Alliance was later named as a defendant, with claims of vicarious liability and negligent supervision.
  • Courts granted summary judgment for Royal Alliance based on accrual date and not tolling due to concealment; appeals consolidated to Montana Supreme Court.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the claims were self-concealed such that tolling applies. Chevallier, Schindler, Thieltges argue Royal Alliance concealed Petersen’s securities role to delay discovery. Royal Alliance contends injuries were not concealed; discovery began Oct 2008. No; claims could have been discovered with due diligence; tolling not applicable.

Key Cases Cited

  • Draggin’ Y Cattle Co. v. Addink, 372 Mont. 334, 312 P.3d 451 (2013 MT 319) (complex transactions can render injuries self-concealing)
  • Bennett v. Dow Chemical Co., 220 Mont. 117, 713 P.2d 992 (1986 MT) (injury known but not all defendants or claims; no tolling for legal rights undiscovered)
  • Redding v. First Judicial District Court, 281 P.3d 189 (2012 MT 144A) (securities issue; TIC investments securities under MT law)
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Case Details

Case Name: Thieltges v. Royal Alliance Associates, Inc.
Court Name: Montana Supreme Court
Date Published: Sep 16, 2014
Citations: 334 P.3d 382; 376 Mont. 319; 2014 MT 247; 2014 Mont. LEXIS 513; DA 14-0120
Docket Number: DA 14-0120
Court Abbreviation: Mont.
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