Common Fund Litigation: Implementation:Statutes_of_Limitation_or

COMMON FUND LITIGATION: IMPLEMENTATION: STATUTES OF LIMITATION OR LACHES

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 For purposes of this implementation proceeding, the Special Master finds that neither the doctrine of laches nor any particular statute of limitations limits retroactive application during the implementation period. Generally speaking, prior to Schmill, § 39-72-706, MCA, prevented claimants from having legal grounds on which to claim unapportioned benefits. Where the legal right did not exist, claimants cannot be deemed to have inappropriately sat on their rights.