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Metro Aviation, Inc. v. United States

Metro Aviation, Inc. v. United States, 2013 MT 193 (July 16, 2013) (7-0) (Cotter, J.)

Issue: The Court answers three certified questions from the U.S. District Court for the District of Utah:
(1) May a person who has settled a claim with a victim bring an action for contribution against a joint tortfeasor under § 27-1-703. MCA, if the victim never filed a court action?
(2) When a defendant in a pending action settled with the plaintiff ahead of trial, does § 27-1-703, MCA, allow the settling defendant to bring a subsequent contribution action against a person who was not a party to the tort action?
(3) Does Montana recognize a common-law right of indemnity where the negligence of the party seeking indemnification was remote, passive, or secondary, compared to that of the party from whom indemnity is sought?…