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U.S. Supreme Court

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Decided

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Cert. Denied

Lower Court Opinion

Montana Supreme Court

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Cert. petition denied

May 05, 2014

U.S. Chamber asks Supreme Court to review a Montana Supreme Court decision certifying a “punitive only” class action

March 03, 2014

In its coalition brief, the U.S. Chamber asked the U.S. Supreme Court to review the Montana Supreme Court’s ruling which certified a “punitive damage-only class”. The brief argues that the decision fundamentally misapplies proper procedural safeguards, that the Montana court’s corner-cutting ruling violates due process rights that both the Supreme Court and Congress have affirmed, and encourages opportunistic abuse of class action procedure. With so much at stake in complex civil litigation, the Chamber argued that it is imperative that the Court stand behind its rulings and ensure that everyone plays by the same rules.

The Chamber filed the brief jointly with the American Tort Reform Association, the National Association of Mutual Insurance Companies and the Property Casualty Insurers of America.

Elizabeth Papez, Steffen N. Johnson and Andrew C. Nichols of Winston & Strawn represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center.

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