Settlements: Stipulated Judgment

Jones v. Albertsons [06/22/07] 2007 MTWCC 26 A stipulated settlement agreement which attempts to force a claimant to either waive her right to this settlement or waive her right to make a future, unknown claim will not be approved by this Court, and judgment will not be entered to that effect.

Kelly v. State Fund [4/26/00] 1999 MTWCC 60A Where parties entered into a Stipulation for Entry of Final Judgment setting forth reasonable resolution of case, WCC entered Final Judgment in accordance with stipulation, allowing resolution of the case without the filing of a petition through the DOL.

Householder v. Republic [8/6/01] 2001 MTWCC 41 Irrespective of the parties agreement and stipulation, the Court will not enter a judgment purporting to bind a non-party since the third party has not been afforded basic due process. Even if the judgment is unenforceable, the judgment would be a chimera and the Court declines to create such a monster.

Householder v. Republic [8/6/01] 2001 MTWCC 41 The Court will not enter judgment on a stipulation that contains provisions which are contrary to law.