Case ends after 26 years

July 15, 2009
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After more than a quarter century, a judge out in Montana finally ruled on a dispute over the ownership of natural gas leases.

It didn’t take 26 years for a resolution in the case because of countless appeals or court delays.

It was because the judge misplaced the file.

According to a few news sources and blogs about this case, retired District Judge Ronald McPhillips presided over Ayers v. Rubow in the early 1980s and apparently recently found the file in an old briefcase at home.

The judge retired after the case was submitted because of health reasons, which is the suspected reason for the extreme delay.

In a case that Ayers argued was potentially worth millions of dollars, how do you let a quarter century pass before the case is finally ruled on?

The attorney for Ayers said he finally gave up on it because he felt it was going nowhere. Judge McPhillips came out of retirement to make the ruling and decided Ayers didn’t prove his case.

If I filed a lawsuit in which I may be entitled to millions of dollars, you bet I’m going to stick with it, call the clerk’s office, my attorney, and anyone else I could to make sure it was moving through the system.

How did this not come to the judge’s attention sooner or any of the judges who took Judge McPhillips’ place in District Court? Why didn’t Ayers or the defendant file any grievances or seek help looking into the matter?

This is a pretty extreme delay in a case getting resolved, but these kinds of things happen in many courts. The misplacement of a file in a Marion County court was one of the reasons a Marion Superior judge was suspended without pay earlier this year. The missing file was in the case of a man wrongly convicted of rape.

Lessons to learn from this case: Keep better track of your case files and take meticulous notes. Judge McPhillips did, which allowed him to rule on the case after the Montana Supreme Court allowed him to do so. Also, follow up with the court and your attorney so you don’t have to wait 26 years for a resolution on your suit.

There’s no word on whether Ayers plans to appeal the ruling.
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  • What likely happened, in my estimation, is that the case settled out of court and nobody bothered to file a stipulation of dismissal. Hence, no parties to the litigation cared that no ruling was handed down, since they had already settled. If no stipulation of dismissal is filed with the court, court staff is unlikely to notice that the file is missing.

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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