Draggin Cattle Co. v. New York Marine & General Insurance Co.Annotate this Case
Roger and Carrie Peters and Draggin’ Y Cattle Company (collectively, Peters) entered into a stipulated settlement with Junkermier, Clark, Campanella, Stevens, P.C. and Larry Addink (collectively, Junkermier). Judge George Huss, the presiding judge, determined that the stipulated settlement was reasonable and entered judgment against New York Marine and General Insurance Company, Junkermier’s insurer. On appeal, the Supreme Court held that Judge Huss improperly failed to disclose a potential conflict of interest. On remand, the district court determined that Judge Huss was required to recuse himself and should have been disqualified and vacated Judge Huss’s orders issued after he should have been disqualified. The Supreme Court affirmed, holding that the district court (1) correctly held that Judge Huss was required to disqualify himself pursuant to Montana Code of Judicial Conduct Rule 2.12(A); and (2) did not err in vacating Judge Huss’s orders issued after he should have disqualified himself.