Jay Nelson, individually and on behalf of all others similarly situated v. Forest River, Inc.

Summary

The United States District Court for the District of Montana denied Jay Nelson’s motion for attorney fees without awaiting a response from Forest River, Inc. The court held that the motion was premature because no final judgment had been entered and Nelson had not been identified as the prevailing party under Montana’s private attorney general doctrine.

Holdings

1. An award of attorney fees under Montana law, including under the private attorney general doctrine, requires a final judgment and a prevailing party; therefore, Nelson's fee motion was premature and was denied.
2. Forest River was not awarded attorney fees or costs for defending the motion because it did not file a response.

Questions Presented

1. Whether Nelson could recover attorney fees under Montana's private attorney general doctrine before obtaining a final judgment and being designated the prevailing party.
2. Whether Forest River was entitled to attorney fees and costs for defending Nelson's fee motion.

Disposition

other