Case Updates
Montana Supreme Court strikes down “punitives only” class actions
August 29, 2013
The court affirmed the lower court’s certification of a Rule 23(b)(2) class for declaratory and injunctive relief but reversed the certification of a potential class-wide punitive damages award.
U.S. Chamber files amicus brief
June 20, 2012
NCLC urged the Montana Supreme Court to hold that the lower court’s decision certifying a “punitive damage-only class” violates constitutional due process rights. In what may be an unprecedented decision, the lower court certified a class of insurance claimants to seek punitive damages without establishing any right to compensatory damages and without showing harm - or, as the court put it, “irrespective of individual outcomes.” According to NCLC’s brief, this radical class certification is unconstitutional and violates defendants’ rights to defend themselves in court.