Legal Opinion
Linder v. Smith
Montana Supreme Court
Decided June 10, 1981No. 80-019PublishedCited by 73 opinions
1Opinion of the CourtChief Justice Haswell
Court.
Plaintiff Linder seeks a determination of the constitutionality of the Montana Medical Malpractice Panel Act, sections 27-6-101 et seq., MCA. This Court accepted original jurisdiction of the cause in a declaratory judgment proceeding. We find that the act is constitutional with one exception as hereafter noted.
Plaintiff Linder allegedly suffered an injury while he was a patient of Dr. Roger Murray. His claim against the doctor constitutes a “malpractice claim” within the definition of section 27-6-103(2), MCA, and by statutory requirement should have been filed with the panel. Section…
2Cases cited37 opinions
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Nebbia v. New YorkSupreme Court of the United States · 1934
- F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
- Twining v. New JerseySupreme Court of the United States · 1908
- Ex Parte PetersonSupreme Court of the United States · 1920
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3Cited by73 opinions
- American Bank & Trust Co. v. Community HospitalCalifornia Supreme Court · 1984
- Austin v. LitvakSupreme Court of Colorado · 1984
- In re W.R. Grace & Co.District Court, D. Delaware · 2012
- Plumb v. Fourth Judicial District CourtMontana Supreme Court · 1996
- Newville v. State, Dept. of Family ServicesMontana Supreme Court · 1994
68 more not listed; retrieve them via the Exa API.