Montana Supreme Court
Mercer v. Dphhs
January 17, 20252025 MT 9
Summary
The Montana Supreme Court affirmed a mandatory preliminary injunction requiring the Department to allow a legislator to review child-abuse and neglect records, including materials the Department asserted were privileged. The Court held that the legislator satisfied the heightened standard applicable to mandatory injunctions and that all four statutory injunction factors supported relief, while leaving the ultimate scope of disclosure and privilege questions for the merits proceeding.