Following are Amicus invitations to MDTL. The briefs, if underlined, are linked to the State
Law Library.
No. 02-198 and No. 02-244
KELLY WILD,
Petitioner and Appellant,
vs.
STATE COMPENSATION INSURANCE FUND,
Respondent and Insurer for FREGEIN ROOFING, Employer. MARK MATHEWS, Petitioner and Appellant, v. LIBERTY NORTHWEST INSURANCE CORP., Respondent and Insurer for, BJS CONSTRUCTION, INC., a Montana corporation, Employer.
MDTL was invited to appear but did not do so as they were unable to find someone who had time to prepare the briefs.
No. 01-874
ROXY SHILHANEK, an individual; COREY SHILHANEK, a minor by and through his guardian ad litem, TIMOTHY SHILHANEK; RYAN SHILHANEK, a minor by and through his guardian ad litem, TIMOTHY SHILHANEK; and TIMOTHY SHILHANEK, an individual,
Plaintiffs and Appellants,
v.
D-2 TRUCKING, INC., a corporation; KRZYSZTOF CEKLARZ, and individual; ADAM CWIKLA; and Does 1 through 50 inclusive; and CANAL INSURANCE COMPANY, Intervenor (By Order of the District Court dated February 17, 1999),
Defendants and Respondents.
MDTL was invited to appear but did not do so as they were unable to find someone who had time to prepare a brief.
No. 02-795
TEDDY ANN O’CONNOR,
Plaintiff and Appellant,
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., AND ALEXSIS, INC.,
Third-Party Defendants and Appellees
6/10/03 the Board decided to file an Amicus Brief IF a volunteer for WC cases could be found from the membership. Lanning and Bohyer will approve the brief.
NO. 05-378
W. STEVE SELTZER,
Plaintiff and Appellant
vs.
STEVE MORTON, FRANK MORTON, GIBSON, DUNN & CRUTCHER, LLP, AND DENNIS A. GLADWELL,
Defendants, Respondents and Cross-Appellants.
Brief filed by Leonard Smith
No. 06- 0230
LORI OBERSON, Legal Guardian for BRIAN MUSSELMAN, an incapacitated person; Kimberlee Musselman, individually and as a Natural Mother of Devon Musselman, a minor,
Plaintiffs/Appellees and Cross Appellants,
vs.
UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, Defendant, Third-Party Plaintiff, Appellant and Cross-Appellee, and STATE OF MONTANA, BY AND THROUGH THE DEPARTMENT OF FISH, WILDLIFE AND PARKS, WEST YELLOWSTONE CHAMBER OF COMMERCE,
Defendants and Third-Party Plaintiff,
vs.
JAMIE LOUIS LEINBERGER; PATRICK B. KALAHAR; TIM A. JOHNSON,
Third-Party Defendants.
Brief filed by Mikel Moore
No. 06-0256
REBEKAH KLEIN,
Plaintiff/Appellant
vs.
THE STATE OF MONTANA, BY AND THROUGH ITS MONTANA DEPARTMENT OF CORRECTIONS,
Defendant/Respondent
Brief filed by Jean Faure
No. DA 08-0085
CHAD MALCOLM and JESSICA MALCOLM, Personal Representatives of the ESTATE OF TYLER MALCOLM,
Plaintiffs/Appellees,
vs.
EVENFLO COMPANY, INC., f/k/a EVENFLOW JUVENILE FURNITURE COMPANY and EVENFLO JUVENILE FURNITURE CO., INC.
Supreme Court granted MDTL motion to file amicus brief which was filed by Robert C. Lukes or Garlington, Lohn & Robinson
No. CV 06 134 BLG RFC
STATE FARM FIRE AND CASUALTY COMPANY,
Plaintiff
vs.
BUSH HOG, LLC,
Defendant
Amicus Brief to be prepared by John Alke
OP 07-0132
MICHAEL and JOAN BRADY,
Plaintiffs/Petitioners
vs.
PP&L MONTANA, LLC,
Defendant/Respondent.
Supreme Court Oral Argument And Brief in Support by Michael Heringer
No. 01-723
TRUSTEES OF INDIANA UNIVERSITY,
Plaintiff/Respondent,
v.
DOUGLAS A. BUXBAUM, as Personal Representative of teh Estate of Christopher D. Jones; BRUCE M. BITTNER, Co-Perso
No. DV- 03-69
CHAD MALCOLM and JESSICA MALCOLM, Personal Representatives of the ESTATE OF TYLER MALCOLM, Plaintiffs,
v.
EVENFLO COMPANY, INC., f/k/a EVENFLOW JUVENILE FURNITURE COMPANY and EVENFLOW JUVENILE FURNITURE CO., INC.
MDTL will request to file an amicus brief to address the admissibility of the federal standards for the purpose of negating the punitive damages claim and evidence that it was an unreasonable dangerous product.
No. 03-639
DALE REESOR,
Appellant,
v.
MONTANA STATE FUND,
Respondent/Insurer.
MDTL was invited to appear but found that the matter will be adequately briefed by other parties. Mark Williams prepared a response to the court.
No. 05-187
COLEMAN CONSTRUCTION, INC., FRED COLEMAN AND KATHY COLEMAN,
Plaintiff and Appellants,
v.
BEVERLY F. KUDRNA,
Defendant and Respondent.
The Amicus Curiae brief for MDTL was filed June 26, 2005 and was written by Steve Reida.
No. 02-017
WILLIAM H. LANE, JR.,
Petitioner,
v.
THE MONTANA FOURTH JUDICIAL DISTRICT COURT, THE HONORABLE JOHN W. LARSON,
Respondent.
MDTL was invited to appear but a volunteer was not found to prepare the brief.
No. 01-630
DEBRA STAVENJORD,
Petitioner and Respondent,
v.
MONTANA STATE FUND,
Respondent and Appellant,
and
PRAIRIE NEST RANCH, Employer,
Mike Heringer and Lisa A. Soeare (Brown law firm) prepared the brief for MDTL.
No. 02-729
MICHAEL AND JOAN BRADY,
Plaintiffs,
v.
PPL MONTANA LLC, A DELAWARE CORPORATION,
Defendant.
MDTL filed an Amicus Brief; Mike Heringer's firm with attorney Robert Sterup and other interested parties. November 21 the Supreme Court Order stated that the matter was dismissed without prejudice.
No. 03-054
KAREN GRAF,
Plaintiff and Appellant,
v.
CONTINENTAL WESTERN INSURANCE COMPANY AND MONTANA CLAIMS SERVICES, INC.,
Defendants and Respondents.
John Bohyer, President of MDTL, signed MDTL's AMICUS CURIAE RESPONSE in which it is stated that, "After consideration of the Court's order and review of the briefs filed by the respective parties, the MDTL believes that the issues have been well and fully presented by the parties involved in this matter. Therefore, MDTL will not be filing an amicus brief in this matter."
No. 04-032
TYLER DEMPSEY, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
Plaintiff,
v.
ALLSTATE INSURANCE COMPANY, AN ILLINOIS CORPORATION,
Defendant.
The Order certifies from Federal Court to the Montana Supreme Court the question of whether Hardy v. Progressive Insurance Company is retroactive. An Amicus brief was prepared by Randall Nelson for MDTL.
No. 04-134
ERIN BROSTUEN, through her guardian and conservator, KAREN MAISEY, and KAREN MAISEY,
PETITIONERS,
v.
MONTANA FIRST JUDICIAL DISTRICT COURT, LEWIS AND CLARK COUNTY, THE HONORABLE DOROTHY McCARTER, District Judge,
Respondent
MDTL should request permission to file an Amicus brief in this matter. Mark Williams will ask Randy Cox, who prepared the brief for MDTL in the Plumb case, if he would write the brief. Sue Weingartner will contact other business associations lobbyists and insurance representatives with respect to this matter and the assault on the Joint & Several Liability status.
No. 02-297
MARLA D. HEDGWOOD,
Plaintiff and Petitioner,
v.
MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY, THE HONORABLE JOHN W. LARSON,
Supreme Court Opinion of July 1 - "we won the battle, we did not win the war on stacking." Order dated Aug 7, 2003, Plaintiffs Petition for Rehearing the Court's opinions is Denied.