Recent Legal Orders And Briefs  

Stipulated Judgments - Post Tidyman's
Abbey Land & Moodie Orders 

If you are considering stipulating to a judgment after an insurer’s breach of its duty to defend, and are reviewing the Tidyman’s II decision, you may wish to also review several orders recently issued by Montana district courts on the subject. I’m attaching three orders: two from Judge Amy Eddy in the Abbey Land case; and one from Judge Beth Best in the Moodie case. Both of these cases are on remand from the Montana Supreme Court.
John Amsden


Stacking Orders

Stillwater County

Madison County

Ethics Opinions Re Indemnification & Settlement Agrreements  
Ethics opinions that it is unethical for a lawyer to ask another lawyer to sign an indemnification agreement as requirement for settlement.  
2011 letter from J. McDonald with opinions attached
2012 Maryland Opinion
Public Duty Doctrine  
MTLA Amicus Brief - Public Duty Doctrine - October 2011 - Kichnet v Butte-Silver Bow  
Atmospheric Trust Litigation  
Original Petition (Barhaugh, et al v. State, Case Number OP 11-0258) filed with Montana Supreme Court on May 4, 2011; for filings in this case, search the MT Supreme Court at the Court's docket website

Exhibits to the Petition and other information.
Blue Cross Subrogation  
Decision, September 24, 2009 - MT Supreme Court upholds Judge Honzel's decision.  
Decision, December 18, 2008, by Judge Honzel upholds Insurance Commissioner John Morrison's authority and decision to invalidate Blue Cross policy exclusion language that says it doesn't have to pay medical benefits if there is automobile insurance  
Blue Cross Opening Brief  
Commissioner Response Brief  
Blue Cross ReplyBrief  
More Orders, Briefs, Motions of interest to MTLA Members