Category Archives: Legal Substance
Abstention: When Federal Courts Have Jurisdiction But Decline To Exercise It
by Wilton H. Strickland Litigants often try to get into federal court for a variety of reasons. Just as often, however, this proves difficult because federal courts have limited jurisdiction, …
Twenty Years In The Jessup Competition: A Love Affair With International Law
by Wilton H. Strickland It was a crisp winter weekend in 1998 when I argued as a law student in the Jessup Moot Court Competition, which is devoted to international …
Down The Rabbit Hole Of Bankruptcy Petition Preparation
by Wilton H. Strickland During my career I’ve been involved in bankruptcy matters on a few occasions now and then, but two years ago I had an experience that made …
Another Fit Of Fickle Jurisprudence — Now Intentional Conduct CAN Be An Accident For Purposes Of Liability Coverage
by Wilton H. Strickland Back in December of 2012, I published an article in The Montana Lawyer (page 20) discussing the “occurrence” trigger for liability insurance coverage in Montana. I explained …
A Contrary View Of The United Airlines Debacle
by Wilton H. Strickland On April 9 an elderly doctor, David Dao, was forcibly removed from a United Airlines flight to make space for airline employees. The disturbing images recorded by other …
Piercing The Enigma Of “Common Law” Marriage
by Wilton H. Strickland A large number of people who contact me need help with family matters, and on a few of these occasions I’ve heard questions about a mysterious …
There’s More Than One Way To Skin A Cat: Spotting Grounds For Automatic Dismissal Of A Complaint
by Wilton H. Strickland When presented with a complaint against a client, many attorneys reflexively think ahead to a possible trial — they sketch out the relevant issues and witnesses, …