334 P.3d 382
Mont.2014Background
- 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)
