Montana Top Court Says Judge Improperly Allowed ERISA Defense

(December 12, 2017, 11:21 AM EST) -- HELENA, Mont. — A judge improperly ignored the prejudice a class suffered when allowing a health insurer to raise Employee Retirement Income Security Act of 1974 defenses after the class certification was granted and the decision affirmed on appeal, a divided Montana Supreme Court held in an opinion released for publication on Nov. 24 (Dana Rolan, et al. v. New West Health Services, No. DA 17-0009, Mont. Sup.)....