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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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