Punitive Damages Reform: HB 212 (2003); Amended Mont. Code Anno., § 27-1-221 (2010).
Brings Montana statute into conformity with Supreme Court decision that
Brings Montana statute into conformity with Supreme Court decision that punitive damages may be awarded by a two-thirds verdict rather than the previous requirement that punitive damages awards must be unanimous. In Finstad v. W.R. Grace & Co., 2000 MT 228, 301 Mont. 240, 8 P.3d 778 (2000), the Montana Supreme Court held that the portion of section 27-1-221(6), MCA, which requires that an award of punitive damages must be unanimous as to liability and amount, violates Article II, section 26, of the Montana Constitution, guaranteeing a verdict by a two-thirds majority in all civil cases.
Latest News
View all news
Trial lawyers target agriculture products in ‘Judicial Hellholes’
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]
Gov. DeSantis Signs Key Legal Reform Bill In Florida
SB 2-A to improve FL property insurance; addresses assignment of benefits, one way attorney fee shifting, third-party bad faith
ATRA Brief Calls on SCOTUS to Review Near Limitless Per Violation Civil Penalties
Arbitrary, excessive punishments result from lack of clarity under some laws
Frivolous ‘No-Injury’ Lawsuits Thrive in California
State ranked No. 3 among worst ‘Judicial Hellholes’ in nation with residents paying $1,900 per year in ‘tort tax’
Endless Coastal Litigation Creates Climate of Lawsuit Abuse in ‘Judicial Hellhole’ Louisiana
Residents pay ‘tort tax’ of more than $1,010 amid all-time high inflation
Cook County Lawsuits Fail to Claim Actual Injuries
In No. 5 worst ‘Judicial Hellhole,’ Chicago residents pay $2,094 each in annual tort tax