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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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