Legal Opinion
Oberson v. United States Department of Agriculture, Forest Service
Court of Appeals for the Ninth Circuit
Decided March 20, 2006No. 04-35268, 04-35315PublishedCited by 3 opinions
1Opinion of the Court
SCHWARZER, Senior District Judge.
I. CERTIFICATION OF QUESTIONS OF LAW
Pursuant to Rule 44(c) of the Montana Rules of Appellate Procedure, we respect fully request the Montana Supreme Court to exercise its discretion to adjudicate the following questions of Montana law:
1. Does the gross negligence standard of care in the snowmobile liability statute, Mont. Code ANN. § 23-2-653 (1996), violate the Montana equal protection clause, MONT. CONST, art. II, § 4?
2. If the snowmobile liability statute’s gross negligence standard is unconstitutional, does the recreational use statute’s willful or wanton…
2Cases cited37 opinions
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- United States v. OrleansSupreme Court of the United States · 1976
- Summers v. TiceCalifornia Supreme Court · 1948
- Knight v. JewettCalifornia Supreme Court · 1992
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3Cited by3 opinions
- Cleveland v. United StatesDistrict Court, N.D. California · 2008
- Lori Oberson, Legal Guardian for Brian Musselman, an Incapacitated Person Kimberlee Musselman, Individually and as the Natural Mother of Devon Musselman, a Minor, Plaintiffs-Appellees-Cross-Appellants v. United States Department of Agriculture, Forest Service, Defendant-Third-Party Plaintiff-Appellant-Cross-Appellee, and State of Montana, by and Through the Department of Fish, Wildlife and Parks West Yellowstone Chamber of Commerce, Defendants-Third-Party v. Jamie Louis Leinberger Patrick B. Kalahar Tim A. Johnson, Third-PartyCourt of Appeals for the Third Circuit · 2006
- Orberson v. United StatesCourt of Appeals for the Ninth Circuit · 2008