Legal Opinion

Gary & Leo's Fresh Foods, Inc. v. State, Department of Labor & Industry

Montana Supreme Court

Decided October 9, 2012No. DA 12-0158PublishedCited by 11 opinions

1Opinion of the CourtJustice Rice

¶1 The Montana Department of Labor & Industry (the Department) appeals from the First Judicial District Court’s order reversing the Board of Labor Appeals’ (the Board) award of unemployment benefits to Kaylee Reed (Reed). We affirm the District Court and address the issues:

¶2 1. Did the Department properly preserve its evidentiary arguments for appeal ?

¶3 2. Did the District Court err by concluding that Reed’s conduct constituted misconduct under the “carelessness standard” of Admin. R. M. 24.11.460(l)(d)?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 Reed worked as a deli clerk for Gary & Leo’s Fresh…

2Cases cited10 opinions

  1. Steer, Inc. v. Department of RevenueMontana Supreme Court · 1990
  2. Day v. PayneMontana Supreme Court · 1996
  3. Lee v. USAA Casualty InsuranceMontana Supreme Court · 2001
  4. Nelson v. DriscollMontana Supreme Court · 1997
  5. Cook v. HartmanMontana Supreme Court · 2003

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3Cited by11 opinions

  1. Pilgeram v. Greenpoint Mortgage Funding, Inc.Montana Supreme Court · 2013
  2. Brookins Ex Rel. Gotcher v. MoteMontana Supreme Court · 2012
  3. Baxter Homeowners Ass'n v. AngelMontana Supreme Court · 2013
  4. MC, Inc. v. Cascade City-County Board of HealthMontana Supreme Court · 2015
  5. McCulley v. U.S. BankMontana Supreme Court · 2015

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