Common Fund Litigation: Final Judgment

COMMON FUND LITIGATION: FINAL JUDGMENT

MONTANA SUPREME COURT DECISIONS

Flynn v. Montana State Fund, 2008 MT 394, 347 Mont. 146, 197 P.3d 1007 While recognizing the advantage of finality and the ease of administration that the adoption of a two-year limitation on retroactivity would serve, the Montana Supreme Court refused to adopt such a limit by analogizing to a statute which the legislature has made applicable only to particular cases. There is no specific statutory cutoff point for most workers’ compensation claims. To apply the two-year statute of limitations found in § 39-71-2905, MCA, would extend the statute beyond the legislature’s clearly intended purpose.

MONTANA WORKERS' COMPENSATION COURT DECISIONS

Schmill v. Liberty, 2007 MTWCC 27 - headnotes Claims which do not involve judgment cannot be considered “final.” Furthermore, the mere existence of a final judgment cannot automatically remove a case from retroactive application. A judgment may have been rendered on a particular issue not involving apportionment, and therefore that judgment would not likely prevent payment of Schmill benefits.

Schmill v. Liberty, 2007 MTWCC 27 - headnotes Cases in which a final judgment was entered by the WCC, and that judgment is not pending on appeal to the Montana Supreme Court, are excluded from retroactive application of Schmill if the circumstances of the particular judgment indicate that the underlying occupational disease claim is no longer actionable.