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¶1 This matter is on remand from the Supreme Court. On remand, the claimant is claiming common fund attorney fees with respect to similarly situated claimants, at least on a retrospective basis. The State Fund urges that the decision of the Supreme Court should be applied prospectively only and requests that implementation of the decision on a retroactive basis be stayed pending resolution of the retroactivity issue. Since the Court has jurisdiction over any retroactive implementation, and finding good cause, ¶2 IT IS HEREBY ORDERED that until the retroactivity issue is resolved, implementation of the Supreme Court decision on a retroactive basis is stayed. If the Court ultimately determines that the decision applies retroactively and claimant is entitled to common fund fees with respect to those prior cases, then the Court will oversee the identification and payment of claimant's benefitting from such decision. ¶3 With respect to implementation on a prospective basis, the Court is uncertain it has jurisdiction to oversee that implementation in light of the fact that the claimant is not seeking fees with respect to prospective cases, however, the State Fund will be provided an opportunity to argue the matter. State Fund may file a brief concerning continuing jurisdiction over prospective cases. That brief shall be filed by May 21, 2003. Claimant may respond by June 4, 2003.
DATED in Helena, Montana, this 5th day of May, 2003. (SEAL) \s\ Mike
McCarter c: Mr. Rex Palmer |
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