Pallister et al v. Blue Cross and Smith et al
DA 11-0431
·Direct Appeal ·Civil ·Closed
Docket
DA 11-0431
Type
Direct Appeal — Breach of Contract
Classification
Civil
Outcome
Reversed
Lower court case
DV 08-553
Lower court judge
Hon. Bradley G. Newman
Key dates
Closed
Sep 21, 2012
Classified
Feb 23, 2012
Appeal filed
Jul 28, 2011
Record filed
Apr 24, 2012
Oral argument
Apr 11, 2012
Briefing ended
Jan 27, 2012
Opinion issued
Sep 5, 2012
Briefing started
Apr 24, 2012
Transcript filed
Aug 19, 2011
Sent to the court
Feb 2, 2012
Submitted for decision
Apr 11, 2012
Appellant Reply Brief Filed
Jan 27, 2012
Appellant Opening Brief Filed
Oct 27, 2011
Appellee Response Brief Filed
Dec 27, 2011
Calculated
from the docket dates
Appeal filed to briefing start
271
Briefing days
87
Briefing start to opening brief filed
179
Classified to Opinion
194
Close of briefing to sent to court
5
Filing date to Opinion
405
Filing date to closed
421
Opening to response
60
Opinion to closed
15
Oral argument to Opinion
147
Response to reply
31
Sent to court to classified
21
Sent to court to oral argument
69
Submitted for decision to Opinion
216
Tags
Closed
En Banc
Final Order Issued
Opinion synopsis issued
Oral Argument
Published opinion
Reversed
Subject to Mediation
Parties
Opinion
Pallister et al v. Blue Cross and Smith et al, 2012 MT 198Reversed on September 5, 2012, in a 4 to 3 published opinion.
Events
most recent first
Fees - Postage Reimbursement Received
Oct 2, 2012
9:40 AM
Fees
Record - DC Record Return Card Filed
Sep 26, 2012
3:31 PM
Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record
Sep 25, 2012
1:15 PM
Notice - Outgoing
Record - DC Record Returned to District Court
Sep 21, 2012
11:09 AM
Record
Event - Case Closed
Sep 21, 2012
11:07 AM
Closing Notice
Notice - Outgoing - Remittitur Issued
Sep 21, 2012
11:07 AM
Closing Notice
Opinion - Synopsis of Opinion
Sep 5, 2012
1:31 PM
Synopsis
Opinion - Published; Cotter, reversed and remanded
Sep 5, 2012
1:28 PM
Opinion
Notice - Outgoing - District Court Record Filed
Apr 24, 2012
11:07 AM
Record
Record - Additional DC Record Filed - 3 file folders RE: DV 08-0553; 1 file folder RE: DV 08-533; 1 manila envelope w/Confidential In-Camera Exhibits; and 1 loose clipped document
Apr 24, 2012
11:02 AM
Record
Event - Oral Argument Presented. The Court sitting en banc convened at 9:30 a.m. for oral argument. Lawrence Anderson and James Hunt argued for the Appellants. Robert G. McCarthy, Stephen Wall, and Jacqueline Lenmark argued for the Appellees. Taken under advisement at 10:56 a.m
Apr 11, 2012
11:28 AM
Event
Notice - Outgoing - Oral Argument Scheduled
Feb 23, 2012
3:27 PM
Notice - Outgoing
Order - Classified - Oral Argument - Wednesday, April 11, 2012, 9:30 a.m
Feb 23, 2012
3:19 PM
Classifying Notice
Event - Case Sent to Court
Feb 2, 2012
8:23 AM
Classifying Notice
Brief - Appellant Reply
Jan 27, 2012
3:34 PM
Appellant Reply Brief
Brief - Appellant Fortune's Reply
Jan 27, 2012
8:38 AM
Appellant Reply Brief
Appellant Fortune's Errata correcting cover page of opening brief and appendix
Jan 24, 2012
4:10 PM
Other
Order - Grant - Extension of Time - Appellant Fortune is given until 1/27/12 to file her reply brief
Jan 5, 2012
1:44 PM
Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant Fortune's Reply)
Jan 5, 2012
11:09 AM
Motion
Extension - Grant of Extension - Appellants are given until 1/27/12 to file their reply brief
Jan 5, 2012
10:42 AM
Extension
Motion - Unopposed - Extension of Time - Brief (Appellants Pallister, Budd and Normandeau Reply)
Jan 4, 2012
8:57 AM
Motion
Brief - Appellee - BCBS & Mt. Comprehensive Health Assoc
Dec 27, 2011
10:35 AM
Appellee Response Brief
Brief - Appellee - Class Representatives' & Appellees and Respnse to Appellant Laura Fortune
Dec 27, 2011
10:24 AM
Appellant Reply Brief
Brief - Appellee - Class represenattives' & Appellees' and Response to Appellant Pallister
Dec 27, 2011
10:22 AM
Appellee Response Brief
Order - the motion to file a combined over-length brief is granted, not to exceed 20,000 words in length
Dec 20, 2011
2:11 PM
Order - Other
Event - Sent to Court-Pleading (Motion to file overlength brief)
Dec 16, 2011
1:55 PM
Event
Amended Certification that Appellant does not object to motion for leave to file combined overlength brief
Dec 16, 2011
1:54 PM
Other
Motion - Opposed - Brief - Enlarged and Combined Brief. Affidavit in Support. held for response
Dec 9, 2011
2:50 PM
Motion
Extension - Grant of Extension until December 26, 2011, to file Appellee's Brief
Nov 4, 2011
4:53 PM
Extension
Motion - Unopposed - Extension of Time - Brief (Appellees Smith, Neary, Lucas, and Speare)
Nov 4, 2011
3:51 PM
Motion
Extension - Appellee Montana Comprehensive Health Association GRANT of Extension of Time until 12/26/2011 to file response brief
Nov 2, 2011
12:34 PM
Extension
Motion - Unopposed - Appellee Montana Comprehensive Health Association Extension of Time to file Brief
Nov 2, 2011
12:30 PM
Motion
Extension - Grant of Extension - Appellee Blue Cross and Blue Shield is given until 12/26/11 to file its briefs
Oct 31, 2011
10:44 AM
Extension
Motion - Unopposed - Extension of Time - Brief (Appellee Blue Cross and Blue Shield)
Oct 28, 2011
3:54 PM
Motion
Notice - Incoming - Errata (Fortune's Appellant's Brief). Placed with briefs
Oct 28, 2011
2:47 PM
Notice - Incoming
Brief - Appellant (Fortune)
Oct 27, 2011
3:53 PM
Appellant Opening Brief
Brief - Appellant (Pallister, Budd and Normandeau)
Oct 26, 2011
3:46 PM
Appellant Opening Brief
Order - the second motion to dismiss is DENIED; Appellants' request for an award of sanctions is GRANTED, class reps. or their counsel shall forthwith pay $100 apiece to Fortune and Pallister
Oct 25, 2011
9:02 AM
Order - Other
Appellant Laura Fortune's Brief in Opposition to Appellees' Second Motion to Dismiss. copies to Court
Oct 18, 2011
3:51 PM
Other
Event - Sent to Court-Pleading (motion to dismiss; response)
Oct 18, 2011
10:37 AM
Event
Response/Objection - Motion (Response to Second Motion to Dismiss)
Oct 17, 2011
10:36 AM
Response
Motion - Opposed - Dismiss - Appellee's (holding for objection)
Oct 7, 2011
3:46 PM
Motion
Mediation - Mediator's Report - Case Not Settled
Oct 5, 2011
10:41 AM
Mediation
Order - Grant - Extension of Time until Oct. 26, 2011, to file Appellant's brief
Sep 29, 2011
4:35 PM
Order - Extension
Motion - Opposed - Extension of Time - Brief (Appellant Fortune). sent to Court
Sep 28, 2011
2:08 PM
Motion
Fortune's Response/Objection - Motion (to dismiss). placed in SC file
Sep 28, 2011
1:27 PM
Other
Order -Appellant Laura Fortune GRANT of Extension of Time until 10/26/11 to file opening brief
Sep 28, 2011
12:45 PM
Order - Extension
Order - Representatives' motion to dismiss is DENIED
Sep 27, 2011
9:48 AM
Final Order
Motion - Opposed - Extension of Time - Brief (Appellant Fortune). To Court
Sep 26, 2011
2:15 PM
Motion
Order - Grant - Extension of Time until Oct. 26, 2011, to file Appellant's brief
Sep 22, 2011
2:40 PM
Order - Extension
Motion - Opposed - Extension of Time - Brief (Appellant Pallister). sent to Court
Sep 21, 2011
1:59 PM
Motion
Event - Sent to Court-Pleading (motion to dismiss; response)
Sep 20, 2011
3:57 PM
Event
Pallister's Response/Objection - Motion (to dismiss)
Sep 20, 2011
3:56 PM
Other
Motion - Opposed - Dismiss - Appellee's. held for objection
Sep 14, 2011
2:05 PM
Motion
Notice - Outgoing - District Court Record Filed
Aug 26, 2011
9:42 AM
Record
Record - DC Record Filed (4 file folders)
Aug 25, 2011
9:30 AM
Record
Notice - Outgoing - Transcript Filed
Aug 19, 2011
11:44 AM
Transcript
Record - Transcripts in DV 08-553 dated 3/19/10 and 9/27/10 Filed
Aug 19, 2011
11:40 AM
Record
Mediation - Order Appointing Mediator (Steven Allen Hanson)
Aug 16, 2011
2:50 PM
Mediation
Notice - Outgoing - Appeal Notice
Jul 29, 2011
3:26 PM
Notice - Outgoing
Fees - Appearance Fee Received
Jul 28, 2011
3:30 PM
Fees
Notice - Incoming - Notice of Appeal Filed (Fortune)
Jul 28, 2011
3:25 PM
Notice - Incoming
Notice - Outgoing - Appeal Notice
Jul 28, 2011
11:31 AM
Notice - Outgoing
Notice - Incoming - Transcripts Deemed Necessary
Jul 27, 2011
11:32 AM
Notice - Incoming
Mediation - Case Subject to Mediation
Jul 27, 2011
11:30 AM
Mediation
Fees - Appearance Fee Received
Jul 27, 2011
11:29 AM
Fees
Notice - Incoming - Notice of Appeal Filed
Jul 27, 2011
11:29 AM
Notice - Incoming