Punitive Damages Reform: HB 442 (1987): Mont. Code Ann. § 27-1-221(5).
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.
The American Tort Reform Association (ATRA) is disappointed to learn that the U.S. Court of Appeals for the Third Circuit ruled against LTL Management, LLC in a case regarding the […]
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 […]
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