Punitive Damages Reform: HB 442 (1987): Mont. Code Ann. § 27-1-221(5).

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Requires a plaintiff to show by “clear and convincing” evidence


Requires a plaintiff to show by “clear and convincing” evidence that a defendant acted with “actual fraud” or “actual malice.”  Requires the determination of awards for punitive damages to be made in a separate proceeding.  Permits the admissibility of evidence of a defendant’s net worth only during the proceeding for the determination of punitive damages.  Requires a judge to review all punitive damages awards and to issue an opinion on his decision to increase or decrease an award, or to let it stand.

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