National Indemnity v. State

DA 19-0533 ·Direct Appeal ·Civil ·Closed
Docket DA 19-0533
Type Direct Appeal — Declaratory Judgment
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case XDDV 2012-140,
Lower court judge Hon. Holly B. Brown

Key dates

Closed Dec 9, 2021
Classified Oct 21, 2020
Appeal filed Sep 16, 2019
Record filed Oct 25, 2019
Oral argument Nov 20, 2020
Briefing ended Sep 10, 2020
Opinion issued Nov 23, 2021
Briefing started Oct 25, 2019
Transcript filed Oct 16, 2019
Sent to the court Sep 10, 2020
Cross Appeal Filed Sep 26, 2019
Submitted for decision Nov 20, 2020
Cross Reply Brief Filed Sep 10, 2020
Appellant Reply Brief Filed Aug 6, 2020
Appellant Opening Brief Filed Mar 3, 2020
Appellee Response Brief Filed May 8, 2020

Calculated

from the docket dates
Appeal filed to briefing start 39
Briefing days 320
Briefing start to opening brief filed 129
Classified to Opinion 398
Close of briefing to sent to court 0
Filing date to Opinion 799
Filing date to closed 815
Opening to response 66
Opinion to closed 16
Oral argument to Opinion 368
Reply to cross reply 125
Response to reply 90
Sent to court to classified 40
Sent to court to oral argument 70
Submitted for decision to Opinion 438

Tags

Affirmed in part, reversed in part Amicus granted Amicus requested Closed Cross Appeal Filed Opinion synopsis issued Oral Argument Published opinion Subject to Mediation

Parties

Cross Appellant
State of Montana
Represented by Kate McGrath Ellis
Appellant
National Indemnity Company
Represented by Wiley Barker
Other
Delmas Brooks
Represented by Tom L. Lewis
Other
James McNulty
Represented by Tom L. Lewis
Other
Jeffery Govi
Represented by Tom L. Lewis
Other
Marlise Bailey
Represented by Tom L. Lewis
Other
Phillip Perez
Represented by Tom L. Lewis
Other
Randall Baeth
Represented by Tom L. Lewis
Other
Raymond Abrahamson
Represented by Tom L. Lewis
Other
Ruth Fore
Represented by Tom L. Lewis
Other
Shirley Chapman
Represented by Tom L. Lewis
Other
Terry Jellesed
Represented by Tom L. Lewis
Other
Thomas Jenkins
Represented by Tom L. Lewis

Opinion

National Indemnity v. State, 2021 MT 300

Affirmed in part, reversed in part on November 23, 2021, in a 6 to 1 with 2 concurring published opinion.

Events

most recent first
Record - DC Record Return Card Filed Dec 14, 2021 12:16 PM Record
Record - DC Record Returned to District Court Dec 9, 2021 4:52 PM Record
Event - Case Closed Dec 9, 2021 4:51 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Dec 9, 2021 4:49 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Dec 9, 2021 4:44 PM Closing Notice
Opinion - Synopsis of Opinion Nov 23, 2021 4:10 PM Synopsis
Opinion - Published - Justice Rice, affirmed in part, reversed in part and remanded Nov 23, 2021 3:59 PM Opinion
Event - Oral Argument Presented - Mary Beth Forshaw argued for the Appellant and John Sullivan argued for the Appellee. The matter was taken under advisement at 10:48 a.m Nov 20, 2020 11:55 AM Event
Event - Sent to Court-Pleading (notice of in-person appearance) Nov 13, 2020 4:09 PM Event
Notice of In-Person Appearance at Oral Argument (Wiley Barker for National Indemnity) Nov 13, 2020 4:01 PM Notice
Event - Sent to Court-Pleading (notice of virtual appearance) Nov 12, 2020 2:36 PM Event
Notice - Incoming - Cross-Appellant State of Montana's Notice of Virtual Appearance Nov 12, 2020 2:09 PM Notice - Incoming
Order - Deny - Appellant's motion for allocation of oral argument time Nov 4, 2020 2:52 PM Order - Other
Event - Sent to Court-Pleading Nov 2, 2020 1:28 PM Event
Response to Motion For Oral Argument (National Indemnity) Nov 2, 2020 11:21 AM Response
Event - Sent to Court-Pleading (Motion for Oral Argument Time and Responses) Oct 30, 2020 4:13 PM Event
Response to Intervenors' Motion for Oral Argument Time (State) Oct 30, 2020 4:03 PM Response
Motion - Opposed - Oral Argument - Leave to Participate - Intervenor Jellesed Oct 30, 2020 11:34 AM Motion
Notice - Incoming - signed Notice of Hearing (Kate M. Ellis) Oct 30, 2020 10:54 AM Notice - Incoming
Notice - Incoming - signed Notice of Hearing (Calvin J. Stacey) Oct 30, 2020 10:06 AM Notice - Incoming
Notice - Incoming - signed Notice of Hearing (Brian L. Taylor) Oct 30, 2020 10:05 AM Notice - Incoming
Notice - Incoming - signed Notice of Hearing (J. David Slovak) Oct 29, 2020 2:38 PM Notice - Incoming
Notice - Incoming - signed Notice of Hearing (Mark M. Kovacich) Oct 29, 2020 2:37 PM Notice - Incoming
Notice - Incoming - signed Notice of Hearing (Tom L. Lewis) Oct 29, 2020 2:36 PM Notice - Incoming
Notice - Incoming - signed Notice of Hearing (Wiley Barker) Oct 29, 2020 11:30 AM Notice - Incoming
Notice - Incoming - Signed notice of Hearing by McGarvey Oct 28, 2020 3:06 PM Notice - Incoming
Notice - Outgoing - Oral Argument Scheduled Oct 27, 2020 3:33 PM Notice - Outgoing
Order - Classified - Oral Argument - November 20, 2020 at 9:30 a.m.; Hon. Colette B. Davies will participate in the place of Beth Baker, who has recused herself Oct 21, 2020 3:26 PM Classifying Notice
Order - Deny Appellant Motion to Strike Oct 13, 2020 2:01 PM Order - Other
Event - Sent to Court-Pleading (Motion to Strike and Response) Oct 6, 2020 4:59 PM Event
Response to Motion to Strike Oct 6, 2020 4:30 PM Response
Motion - Opposed - Strike. held for objections Sep 30, 2020 3:08 PM Motion
Event - Case Sent to Court Sep 10, 2020 4:01 PM Classifying Notice
Notice - Outgoing - Brief Filed (cross reply) Sep 10, 2020 3:55 PM Notice - Outgoing
Brief - Cross Appellant Reply Sep 10, 2020 12:47 PM Cross Reply Brief
Extension - Cross Appellant's Grant of Extension to September 21, 2020 to file Cross Appellant's Reply Brief Aug 12, 2020 1:21 PM Extension
Motion - Unopposed - Extension of Time - Cross Appellant's Reply Brief (First Request 30 Days) Aug 11, 2020 3:03 PM Motion
Notice - Outgoing - Brief Filed (Appellant reply) Aug 7, 2020 9:55 AM Notice - Outgoing
Brief - Appellant Reply and Answer to Cross Appeal Aug 6, 2020 4:59 PM Appellant Reply Brief
Order - The reply and cross-appeal response brief shall be no more than 7,500 words Jul 2, 2020 3:10 PM Order - Other
Order - Grant - Extension of Time - Appellant is granted until 8/7/20 to file combined answer and reply brief Jul 1, 2020 5:23 PM Order - Extension
Objection to National Indemnity's Motion for Enlarged Brief Jul 1, 2020 3:44 PM Objection
Motion - Brief - Enlarged Jul 1, 2020 2:10 PM Motion
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to fil Appellant Reply and Answer to Cross Appeal Brief Jul 1, 2020 12:49 PM Motion
Notice - Outgoing - Brief Filed (United Policyholders) May 22, 2020 2:50 PM Notice - Outgoing
Brief - Amicus (United Policyholders) May 22, 2020 11:33 AM Amicus Brief
Extension - Appellant is granted an extension of time to July 8, 2020 to file its combined reply and answer brief May 15, 2020 2:21 PM Extension
Order - Grant - Extension of Time - United Policyholders' is granted until 5/22/20 to file the amicus brief May 15, 2020 1:14 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant Reply and Answer Brief (First Request 30 Days) May 15, 2020 10:58 AM Motion
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Amicus- United Policy Holders) May 14, 2020 5:16 PM Motion
Notice - Outgoing - Brief Filed May 8, 2020 12:30 PM Notice - Outgoing
Brief - Appellee and Cross-Appellant May 8, 2020 10:00 AM Appellee Response Brief
Order - Grant - Amicus United Policyholders is granted an extension of time of seven (7) days to file and serve its brief on or before May 15, 2020 May 7, 2020 8:48 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Amicus-United Policy Holders) May 6, 2020 11:56 AM Motion
Notice - Outgoing - Brief Filed (Appellee Intervenor) May 1, 2020 4:59 PM Notice - Outgoing
Order - Grant - Extension of Time - Cross Appellant is granted until May 8, 2020 to file the State's Brief May 1, 2020 4:37 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee State's Brief May 1, 2020 2:28 PM Motion
Brief - Intervenor May 1, 2020 1:31 PM Brief
Order - Amicus-Grant Participation (United Policy Holders on behalf of Appellee-State of Montana). Amicus shall have until May 8, 2020 to file Amicus Brief Apr 24, 2020 4:14 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate (United Policy Holders on behalf of Appellee-State of Montana) Apr 24, 2020 9:07 AM Motion
Order - Pro Hac Vice - Allow Participation - Lorelie S. Masters Apr 17, 2020 4:25 PM Order - Other
Motion - Pro Hac Vice - State Bar Certification and Application - LORELIE S. MASTERS Apr 16, 2020 11:27 AM Motion
Extension - Grant of Extension - Appellee Intervenors' are given until 5/1/20 to file their response brief Mar 24, 2020 1:29 PM Extension
Motion - Unopposed - Extension of Time - Appellee Intervenor Brief (First Request 30 Days) Mar 24, 2020 11:55 AM Motion
Extension - Grant of Extension - Appellee State of Montana is given until 5/1/20 to file the cross-appeal and answer brief Mar 24, 2020 10:37 AM Extension
Motion - Unopposed - Extension of Time - Appellee State of Montana's Brief (First Request 30 Days) Mar 24, 2020 9:03 AM Motion
Notice - Outgoing - Brief Filed (Amicus CICLA and APCIA) Mar 17, 2020 8:56 AM Notice - Outgoing
Brief - Amicus - Complex Insurance Claim Litigation and American Property Casualty (CICLA) and American Property Casualty Insurance Association (APCIA) Mar 16, 2020 2:16 PM Amicus Brief
Order - the application of Laura A. Foggan to appear pro hac vice is GRANTED Mar 11, 2020 3:49 PM Order - Other
Order - Amicus-Grant Participation - Complex Insurance Claims Litigation (CICLA) and American Property Casualty Insurance Association (APCIA). Amici Curiae Brief shall be filed on or before March 16, 2020 Mar 6, 2020 2:35 PM Order - Other
Motion - Pro Hac Vice - State Bar Certification and Application - LAURA A. FOGGAN Mar 6, 2020 1:40 PM Motion
Motion - Amicus - Leave to Participate - Complex Insurance Claims Litigation (CICLA) and American Property Casualty Insurance Association (APCIA) Mar 6, 2020 1:33 PM Motion
Motion - Pro Hac Vice - State Bar Certification and Application - MARY BETH FORSHAW. (granted on 3/2/20) Mar 6, 2020 10:35 AM Motion
Motion - Pro Hac Vice - State Bar Certification and Application - LAURA A. FOGGAN. copy to Court Mar 6, 2020 10:30 AM Motion
Notice - Outgoing - Brief Filed Mar 3, 2020 11:54 AM Notice - Outgoing
Brief - Appellant's Opening Mar 2, 2020 7:49 PM Appellant Opening Brief
Order - Pro Hac Vice - Allow Participation - Mary Beth Forshaw is admitted pro hac vice to serve as co-counsel for National Mar 2, 2020 3:59 PM Order - Other
Motion - Pro Hac Vice - State Bar Certification and Application National Indemnity Company moves this Court for an Order admitting Mary Beth Forshaw pro hac vice Mar 2, 2020 12:23 PM Motion
Order - Briefing/Scheduling - the motion for leave to file over-length briefs is GRANTED consisting of no more than 16,000 words each Feb 25, 2020 3:28 PM Order - Other
Motion - Unopposed - Appellant and Cross-Appellant's Briefs - Enlarged Feb 21, 2020 8:48 AM Motion
Order - Appellant is granted an extension of time of 30 days to file and serve its Opening Brief on or before March 2, 2020 Jan 17, 2020 5:40 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 17, 2020 8:00 AM Motion
Mediation - Mediator's Report - Case Not Settled Dec 2, 2019 4:35 PM Mediation
Order - Appellant National Indemnity Company is granted an extension of time of 60 days to file and serve its Opening Brief on or before January 31, 2020 Nov 19, 2019 12:53 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Brief Nov 18, 2019 3:40 PM Motion
AMENDED Notice - Outgoing - Additional District Court Documents Nov 4, 2019 8:45 AM Other
Notice - Outgoing - Additional District Court Documents Nov 4, 2019 8:35 AM Notice - Outgoing
Record - Additional DC Documents Filed - Exhibits to Documents 122 (with DVD) and 123; Document 128; Sealed Documents 154, 155 and 407 (with thumb drive) Nov 1, 2019 8:32 AM Record
Notice - Outgoing - Exhibits Filed Oct 28, 2019 9:30 AM Notice - Outgoing
Record - Exhibits Filed - 1 large box with 3 sealed depositions; 1 deposition, not sealed; sealed exhibits to documents 124 and 183; not sealed exhibits to document #17; 4 large pressboard exhibits Oct 25, 2019 4:55 PM Record
Notice - Outgoing - District Court Record Filed Oct 25, 2019 4:52 PM Record
Record - DC Record Filed - electronically transmitted documents 1-445 Oct 25, 2019 4:42 PM Record
Mediation - Selection of Mediator parties in this cause have selected Michael J Lilly Oct 21, 2019 4:36 PM Mediation
Notice - Outgoing - Transcript Filed Oct 16, 2019 1:40 PM Transcript
Record - Transcript Filed for Hearing Dates March 17, 2016 , June 6, 2016 and October 12, 2018 Oct 16, 2019 1:11 PM Record
Notice - Outgoing - Cross Appeal Notice Sep 26, 2019 12:15 PM Notice - Outgoing
Notice - Incoming - Notice of Cross Appeal - State of Montana Sep 26, 2019 12:10 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Sep 17, 2019 8:35 AM Notice - Outgoing
Mediation - Case Subject to Mediation Sep 17, 2019 8:35 AM Mediation
Notice - Incoming - Notice of Appeal Filed Sep 16, 2019 4:06 PM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Sep 16, 2019 4:06 PM Fees