Legal Opinion
Schmill v. Liberty Northwest Ins. Corp.
Montana Supreme Court
Decided June 7, 2005No. 04-523PublishedCited by 7 opinions
1Opinion of the CourtJustice Leaphart
¶1 Liberty Northwest Insurance Corp. (Liberty) and Montana State Fund (State Fund) appeal from the judgment of the Workers’ Compensation Court (WCC). Cassandra Schmill cross-appeals from the same judgment. We affirm in part and reverse in part.
¶2 We address the following issues on appeal:
¶3 1. Whether the rule announced in Schmill I applies retroactively.
¶4 2. Whether Schmill’s attorneys are precluded from requesting common fund fees because they did not request them in their initial petition.
¶5 3. Whether Schmill I created a common fund.
¶6 4. Whether the common fund established by Schmill I…
2Cases cited12 opinions
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- LaRoque v. StateMontana Supreme Court · 1978
- Kunst v. PassMontana Supreme Court · 1998
- Dempsey v. Allstate Insurance Co.Montana Supreme Court · 2004
- Murer v. State Compensation Mutual Insurance FundMontana Supreme Court · 1997
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stavenjord v. Montana State FundMontana Supreme Court · 2006
- LaMere v. Farmers Insurance ExchangeMontana Supreme Court · 2011
- Schmill v. Liberty Northwest Ins. Corp.Montana Supreme Court · 2009
- Flynn v. Montana State FundMontana Supreme Court · 2011
- Flynn and Miller v. State Fund AndMontana Supreme Court · 2008
2 more not listed; retrieve them via the Exa API.