B Bar J Ranch, LLC v. Carlisle Wide Plank Floors, Inc.
288 P.3d 228
Mont.2012Background
- B Bar J Ranch, LLC owns a 680-acre Montana lodge; Carlisle Wide Plank Floors supplied the flooring.
- Approximately 2,000 square feet of Carlisle flooring buckled and was replaced; dispute centered on defects.
- B Bar J sued Carlisle in May 2008 for negligent misrepresentation, breach of implied warranty, and MCPA violation.
- In 2009 Carlisle impleaded the lodge’s general contractor and installer as third-party defendants.
- District Court set expert disclosure deadline (Dec 15, 2010) and discovery deadline (Feb 1, 2011).
- Carlisle sought to disclose a tax expert in Feb 2011; court granted March 1, 2011; trial held March 21, 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Late expert disclosure after deadline | Carlisle procrastinated, violating scheduling order. | Carlisle needed the tax records; good cause to amend deadline. | Not an abuse; good cause to allow late disclosure. |
| Attorney fees under MCPA | MCPA favors consumers; defendants should have limited fee recovery. | Under Tripp, the claim was unreasonable or without foundation; fees justified. | District Court properly awarded fees under Tripp. |
Key Cases Cited
- Mason v. Ditzel, 255 Mont. 364, 842 P.2d 707 (Mont. 1992) (abuse of discretion standard for evidentiary rulings)
- Tripp v. Jeld-Wen, Inc., 327 Mont. 146, 112 P.3d 1018 (Mont. 2005) (discovery and fee-award standards; heightened scrutiny under MCPA)
- Harmon v. Fiscus Realty, Inc., 362 Mont. 135, 261 P.3d 1031 (Mont. 2011) (no hindsight reasoning in evaluating MCPA fees)
- Christianburg Garment Co. v. EEOC, 434 U.S. 412 (U.S. 1978) (hindsight reasoning standard for frivolous litigation)