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.

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SCOTUS Should Affirm Federal Law Supremacy With FDA Authority Case

The U.S. Supreme Court has a chance to rein in state court rulings that impose liability on pharmaceutical companies that go beyond, and even contradict, the federal regulatory process of the FDA, according to Tiger Joyce, president of the American Tort Reform Association. He explains why it is imperative the high court review a case involving Janssen Pharmaceuticals.