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Montana’s Revised Medical Marijuana Law Survives Constitutional Challenge

The Montana Supreme Court has upheld against a state constitutional challenge the State’s 2011 Montana Marijuana Act, a new statutory framework embodying the State’s effort to limit abuses resulting from the 2004 Medical Marijuana Act, which was established by voter initiation. Montana Cannabis Industry Ass’n v. The State of Montana, 2016 Mont. LEXIS 168 (Feb. 25, 2016). The decision could benefit employers by limiting the availability of marijuana among persons not authorized to use it for medical purposes.

Non-Compete Alert: Montana Supreme Court Weighs in on Enforcing Non-Competes Against Terminated Employees

Courts continue to wrestle with the issue of whether a company has a legitimate business interest in enforcing a post-employment non-compete when it fires an employee without cause. Last September this Blog discussed Missett v. Hub International Pennsylvania, LLC, in which the Pennsylvania Superior Court explained that “the circumstances of termination are, alone, not determinative of whether the restrictive covenant is enforceable...."