Summary Judgment: Nonmoving Party


Trevino v. Montana State Fund [03/29/13] 2013 MTWCC 10 As the non-moving party, Petitioner was entitled to the reasonable inference that one of the possible explanations for her time-of-injury employer’s refusal to give Petitioner her time-of-injury job back was because her employer believed she could no longer perform it.  This inference raises a question of fact and summary judgment is therefore inappropriate in this case.

McCone County v. State of Montana, WC Regulation Bureau, Independent Contractor Central Unit, In Re Johnson [06/19/12] 2012 MTWCC 19 Where the dispute is purely an issue of law and no issues of material fact remain, it is appropriate to grant summary judgment to the non-moving party if that party is entitled to judgment as a matter of law; generally, no formal cross-motion is required.

Bell v. Montana State Fund [08/02/11] 2011 MTWCC 23 Where no cross-motion for summary judgment is filed but the facts are clear and the law is dispositive, the Court will allow the original movant time to file a supplemental brief as to why the Court should not grant summary judgment in favor of the nonmoving party. While no formal cross-motion is necessary, it is critical that the Court ensure the original movant had full and fair opportunity to be heard