Dan Wilson:

Bad judgment

Judge Dan Wilson is dangerous for Montana.  His decisions as a district judge have been overturned by the Montana Supreme Court at least seven times. Now he wants to be on the same court we depend on to fix his mistakes? 

We can’t trust Dan Wilson.  Seven times, our state supreme court has had to overturn Dan Wilson’s bad decisions.

  1. In a case involving Glacier Eye Clinic and Brett Camen, Dan Wilson’s courtroom error and abuse of discretion “resulted in the jury not being fully and fairly instructed in the applicable law, prejudicing Defendant and requiring a new trial,” and led to a child victim not receiving compensation in a medical malpractice case. The Montana Supreme Court determined that Wilson “erred” in how he polled the jury and “abused” his discretion as District Court judge in his jury instructions.  The Supreme Court further found that the case Wilson presided over was so botched that it needed to be “reversed and remanded for a new trial.”  [Camen v. Glacier Eye Clinic, P.C. (Supreme Court of the State of Montana, Law.Justia.com, Camen v. Glacier Eye Clinic, P.C., 09/19/23)]

  2. Dan Wilson “erred” in a real estate case involving two trusts from the Hillstead family, the Whitefish Credit Union, and First National Properties, LLC. In 2020, the Supreme Court of Montana “reversed” part of one of Wilson’s decisions on appeal and remanded it back to the District Court with instructions of how to enter the judgment. [First National Properties LLC v. Joe D. Hillstead Trust, Rosemary Hillstead Trust and Whitefish Credit Union (Supreme Court of the State of Montana, 08/18/20)]

  3. Wilson, according to the Supreme Court of Montana, “erred” in granting summary judgment and the decision of the case he oversaw had to be reversed and remanded for further proceedings consistent with the Supreme Court’s opinion. In 2019, Wilson presided over the case of Deanna McAtee v. Morrison & Frampton and granted a summary judgment in favor of Morrison & Frampton and dismissed McAtee’s claims of malicious prosecution with prejudice. McAtee successfully appealed this in the Supreme Court of Montana, who reversed Wilson’s judgments and remanded the case for further proceedings. [McAtee v. Morrison & Frampton (Supreme Court of Montana, McAtee v. Morrison & Frampton, 09/07/21)]

  4. Wilson “misinterpreted” a judgment and “erroneously altered and amended its substance” according to the Montana Supreme Court. In 2020, the Supreme Court reversed one of Wilson’s decisions on appeal after determining that Wilson had “ultimately misinterpreted the judgment and, in doing so, erroneously altered and amended its substance inconsistent with its manifestly intended original meaning and effect.”  [Meine v. Hren Ranches, Inc. (Supreme Court of the State of Montana, Meine v. Hren Ranches, Inc., 11/10/20)]

  5. Wilson’s decision in the J&L Lands/Nezat case was reversed by the Montana Supreme Court in June 2022 because Wilson had “erred” in his judgment. The Supreme Court reversed Wilson’s decision to grant summary judgment to J&L Lands, LP and award them the proceeds from the sale of a home they had a judgment lien on. The appellant, Jerry Nezat, argued that his homestead exemption entitled to the full proceeds of the sale of his property. The Court agreed that Wilson had erred in satisfying J&L’s judgment lien before Nezat received the full value of the homestead exemption from the proceeds of the sale.  [J&L Lands, LP v. Nezat (Law.Justia.com/Justia Opinion Summary, State Supreme Court of Montana, J&L Lands, LP v. Nezat, 06/07/22)]

  6. Wilson’s ruling to terminate a father’s parental right was reversed by the Montana Supreme Court. In 2019, the Supreme Court undid Wilson’s decision to terminate a father’s parental rights. The Supreme Court found that the father’s lawyer had provided ineffective counsel, which unfairly prejudiced him and led to the termination of his parental rights. [In the Matter of E.Y.R. (A Youth In Need of Care)  (Law.Justia.com/Justia Opinion Summary State Supreme Court of Montana, In Re: E.Y.R.,  08/13/19)]

  7. Wilson’s 2021 decision in Babcok v. Casey was “reversed” by the Montana Supreme Court. due to Wilson’s having “erroneously concluded” that the statute of limitations had passed. In 2021, the Supreme Court of Montana reversed and remanded Judge Wilson’s decision to grant summary judgment dismissing a case due to it being filed past the statute of limitations. The case concerned a man, Kyle Babcock, filing a claim against Casey’s Bar for serving alcoholic drinks to a man who punched Babcock in the face, causing “significant brain injury.” [Babcock v. Casey’s Management, LLC (Law.Justia.com/Justia Opinion Summary State Supreme Court of Montana, Babcock v. Casey’s Management, LLC, 08/31/21; 03/05/21)]