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Justia Weekly Opinion Summaries

Banking
February 26, 2021

Table of Contents

House v. U.S. Bank National Ass'n

Banking, Contracts, Real Estate & Property Law

Montana Supreme Court

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AUSTIN SARAT

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Austin Sarat—Associate Provost and Associate Dean of the Faculty and Professor of Jurisprudence & Political Science at Amherst College—argues that life sentences without the possibility of parole (LWOP) are as problematic and damaging as the death penalty. For this reason, Professor Sarat calls upon death penalty opponents to reconsider their support for LWOP sentences.

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Banking Opinions

House v. U.S. Bank National Ass'n

Court: Montana Supreme Court

Citation: 2021 MT 45

Opinion Date: February 23, 2021

Judge: Sandefur

Areas of Law: Banking, Contracts, Real Estate & Property Law

The Supreme Court affirmed the judgment of the district court granting various mortgage lenders and trustees summary judgment on Plaintiff's claims for negligence and breach of the implied covenant of good faith and fair dealing, holding that genuine issues of material fact did not preclude summary judgment. Plaintiff filed an action asserting negligent loan supervision/administration, breach of the implied contract covenant of good faith and fair dealing, anticipatory declaratory judgment, and quiet title to mortgaged property. The district court granted summary judgment to Bank of America, N.A. (BOA) on all claims. The Supreme Court affirmed, holding that the district court did not err in granting BOA summary judgment on Plaintiff's asserted negligence and breach of the implied covenant of good faith and fair dealing claims.

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