Category Archives: Legal Substance

My Copyright Conundrum

by Wilton H. Strickland I recently replaced many of the images that accompany my occasional posts here. The reason has to do with copyright law, which I never thought would …

Adventures In Evidence: Subsequent Remedial Measures

by Wilton H. Strickland For today’s installment of Adventures In Evidence, I want to discuss a rule that is often overlooked and that strikes many people as unfair, namely the …

Adventures In Evidence: The Hearsay Rule

by Wilton H. Strickland For far too long I’ve neglected to discuss on this blog the rules of evidence. These rules are essential during all stages of litigation, particularly at …

Montana’s Unique Approach To Claims For Wrongful Discharge From Employment

by Wilton H. Strickland Montana law strikes me as rather friendly to plaintiffs, certainly friendlier than Florida law. For example, Montana plaintiffs generally have 3 years to serve a complaint …

Practice Tip: Internal Policies And Procedures Do Not Set The Legal Standard Of Care

by Wilton H. Strickland Litigators often encounter an argument that just “feels” wrong, but they struggle to recall if there is a body of case law refuting it. One such …

Using Force To Defend Property: Legal Or Not?

by Wilton H. Strickland Every law student in the United States eventually reads the famous case of Katko v. Briney, 183 N.W.2d 657 (Iowa 1971). The Brineys were a married …

How To Assert A Section 1983 Civil Rights Claim Against A Local Government Authority (A “Monell” Claim)

by Wilton H. Strickland Several years ago I wrote an article on this blog explaining how to assert a Section 1983 civil rights claim against a private defendant. At the …

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