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Practice Areas

Personal Injury Law

Did someone else’s actions result in  you getting hurt? While there is no way to go back in time and prevent the accident from occurring, there is a legal theory called Tort Law, which allows you to bring a lawsuit in civil jurisdiction. You may be able to get compensated through monetary damages for the injuries you suffered, the money you lost, and the money you will lose in the future.

For 10 years, I worked for insurance companies and fought plaintiff personal injury attorneys.  After handling thousands of cases, I saw some amazing litigators…and the worst of the worst! I learned from them more than they realized! When I decided to represent injured victims, I wanted to do it differently. You should consider me a janitor in the fancy suit. I’ll clean up your mess from the accident, like your property damage. I will not exaggerate your injuries or suggest you go get treatment from low-quality doctors just to get medical bills up. Your health is worth more than that. Your dignitiy is priceless! On the flip side, you deserve to be compensated for your injuries and any money that you lost in the past or will in the future as a result of the accident. As a defense attorney, I saw plaintiff attorneys leave money on the table in nearly every case, just becaues they did not understand damages. I will maximize the damages you are entitled to as a plaintiff. You also deserve to get the treatment you need to recover as fully as possible. I will fight for you, and I won’t give up until I get you the best outcome possible. With today’s personal injury cases, smart litigators and honest plaintiffs win.

School Law

School Law can mean almost any issue that arises in education. In Montana, we are seeing teachers and staff get wrongfully terminated for voicing their opinion in public forums. We are also seeing schools sneak in discriminatory and illegal teachings against Montana’s ban on Critical Race Theory. 

On May 12, 2021, Montana took a stand against CRT. Even though Montana has effectively banned CRT in our public schools because it is an ugly, racist, harmful, and discriminatory marxist ideology that is completely in contradiction with the values our great country was founded upon, some schools are doing it anyway!

Montana’s Attorney General has made it clear that there are MULTIPLE legal avenues to consider if your school is violating Montana law by subjecting children to CRT.

The Montana Office of the Attorney General and Montana Department of Justice stand ready to assist OPI and parents, students, employees or other individuals with complaints of unlawful race-based discrimination. There are a variety of legal avenues available:

  • For violations of the Individual Dignity Clause and the MHRA, individuals should file complaints with the Montana Human Rights Bureau.
  • For violations of Title VI and the Equal Protection Clause, students and parents may either file a lawsuit directly against their school or file a complaint with the U.S. Department of Education.
  • For violations of Title VII, employees should file a complaint with the U.S. Equal Employment Opportunity Commission.

 

Constitutional Law

Montanans Enjoy Multiple Layers of Protection Against Federal Vaccine Mandates.

The legal status of Federal vaccine mandates changes nearly daily, but court trends are clear: At the end of the day, they will likely be found unconstitutional.

If you are an employee in Montana confronted with a vaccine mandate, know your rights. While this is not legal advice, and no attorney-client relationship is formed until both parties agree, there are several basic provisions that may assist you. For starters:

(1) Title VII of the Civil Rights Act of 1964 requires companies to reasonably accommodate employees with sincerely held religious, ethical, and moral beliefs and practices of their employees, unless doing so will be an undue hardship on the employer. You cannot get fired for exercising this right. Nor do you need to provide a letter from your church or paster to vouch for your beliefs.

(2) HB 702 protects most Montanan employees against discrimination based on vaccine status.

(3) Article II, Section 4 of the Montana Constitution provides that provides that “[t]he dignity of the human being is inviolable (impregnable; the right to a guaranty of immunity free from invasion). Neither the state nor any other person, firm, corporation, or institution shall discriminate (See HB 702) against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin, or condition, or political or religious ideas.

Each mandate relies on different authority and the impact depends on who you work for and what your job entails. Employers are running the gambit of how to address religious exemptions and react to court decisions. To schedule a consultation regarding a vaccine mandate, please contact Abby at amoscatel@blacktaillaw.com.

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