COMMON FUND LITIGATION: INTERIM ATTORNEYS' FEES
Rausch v. Montana State Fund [12/11/07] 2007 MTWCC 54 The Rausch common fund attorneys (CFA) were granted common fund attorneys’ fees by the Montana Supreme Court in Rausch v. State Compensation Ins. Fund, 2002 MT 203, 311 Mont. 210, 54 P.3d 25. Where the CFA argued that because of the long lapse of time between the initial filing of the petition and the final disposition of the case, they were entitled to interim attorneys’ fees and Respondents argued that the CFA were not entitled interim fees because (1) attorneys’ fees could not be calculated until final resolution of the case and (2) appropriate attorneys’ fees could not be determined until the retroactive application issue is finally resolved, the Court finds the CFA’s argument to be well taken.