Sprinkle v. Burlington Northern Railroad

Honorable Jack D. Shanstrom, United States Magistrate, United States District Court for the District of Montana has certified for our decision under Rule 44, Montana Rules of Appellate Procedure, a question of law as follows:

“Plaintiff commences a negligence action against defendant #1. Defendant #1 in turn joins defendant #2 seeking contribution. Prior to trial, defendant #1 settles with the plaintiff in return for a general release of all claims, including claims against defendant number 2. Can defendant #1 continue its action for contribution against defendant #2 under Montana law?”

In…