Montana Supreme Court

Obert v. State

November 12, 2024419 Mont. 1

Summary

The court held that Obert’s contract and implied-covenant claims were timely because they accrued when the criminal charges against her terminated in her favor, but affirmed dismissal of her bad-faith claim for failure to plead an inherently unequal bargaining relationship. It also affirmed dismissal of the malicious-prosecution claim based on prosecutorial immunity and the procedural-due-process claim because the post-charge evidentiary hearing adequately protected her rights. The case was remanded for proceedings on the contract-based claims.