Notes of Decisions
Sunburst Sch. Dist. No. 2 v. Texaco, Inc., 2007 MT 183, 165 P.3d 1079.
· cites it 61× “Whether Sunburst established that Texaco acted with actual fraud or actual malice as required by § 27-1-221, MCA, to support a punitive damages award.”
Malcolm v. Evenflo Co., Inc., 2009 MT 285, 217 P.3d 514.
· cites it 49× “Sunburst, ¶ 81; § 27-1-221, MCA. The District Court acted within its discretion when it determined that evidence surrounding the recall and testing of the OMW model 206 was relevant for the purposes of determining punitive damages.”
Finstad v. W.R. Grace & Co., 2000 MT 228, 8 P.3d 778.
· cites it 63× “While this information may be relevant to demonstrate the existence of actual malice or actual fraud in determining whether an award of punitive damages is appropriate, it is not relevant to the jury's determination of the amount of punitive damages.”
Jacobsen v. Allstate Ins., 2009 MT 248, 215 P.3d 649.
· cites it 24× “In other words, Allstate was required to show that Jacobsen failed to present sufficient evidence to satisfy the statutory elements of malice set forth in § 27-1-221, MCA: (2) A defendant is guilty of actual malice if the defendant has knowledge of facts or intentionally…”
Czajkowski v. Meyers, 2007 MT 292, 172 P.3d 94.
· cites it 40× “¶ 14 We review a district court's punitive damages findings made pursuant to § 27-1-221, MCA, under the three-part test set forth in Interstate Production Credit v.”
Sherner v. Conoco, Inc., 2000 MT 50, 995 P.2d 990.
· cites it 56× “¶ 55 I respectfully dissent from the Court's opinion, which adopts entirely new standards for determining whether the exception to the exclusive remedy provision contained in § 39-71-413, MCA, applies and also adopts the § 27-1-221, MCA, definition of malice.”
Seltzer v. Morton, 2007 MT 62, 154 P.3d 561.
· cites it 18× “1989) and in Mont. Code Ann. § 27-1-221 (1989). Haslip, 499 U.”
Folsom v. Montana Pub. Employees' Ass'n, 2017 MT 204, 400 P.3d 706.
· cites it 21× “” On the ground that “all of attorney Picotte’s conduct related exclusively to his handling of Folsom’s grievance,” MPEA asserts that Folsom’s common law fraud claim is legally and factually subsumed in his DFR claim and thus not independently cognizable in this action.”
Emmerson v. Walker, 2010 MT 167, 236 P.3d 598.
· cites it 27× “" In turn, § 27-1-221(1), MCA, provides that punitive damages "may be awarded when the defendant has been found guilty of actual fraud or actual *607 malice.”
Cartwright v. Equitable Life Assurance Soc'y of the United States, 914 P.2d 976 (Mont. 1996).
· cites it 31× “Did the District Court err by its award of punitive damages made pursuant to § 27-1-221, MCA? The issue raised by the plaintiffs’ cross-appeal is whether the District Court erred when, pursuant to its statutory obligation to review the jury’s punitive damage awards, it reduced…”
Dees v. Am. Nat'l Fire Ins., 861 P.2d 141 (Mont. 1993).
· cites it 33× “Section 33-18-242, MCA, also provides for exemplary damages assessed in accordance with § 27-1-221, MCA. In an action under § 33-18-242, MCA, a plaintiff is not required to prove that the violations were of such frequency as to indicate a general business practice.”
Blythe v. Radiometer Am., Inc., 866 P.2d 218 (Mont. 1993).
· cites it 40× “Section 27-1-221, MCA, defines "actual malice" as follows: Punitive damages liability proof award.”
Mont. Code Ann. § 27-1-221(1): 24 cases
Folsom v. Montana Pub. Employees' Ass'n, 2017 MT 204, 400 P.3d 706.
“” On the ground that “all of attorney Picotte’s conduct related exclusively to his handling of Folsom’s grievance,” MPEA asserts that Folsom’s common law fraud claim is legally and factually subsumed in his DFR claim and thus not independently cognizable in this action.”
Sunburst Sch. Dist. No. 2 v. Texaco, Inc., 2007 MT 183, 165 P.3d 1079.
“Whether Sunburst established that Texaco acted with actual fraud or actual malice as required by § 27-1-221, MCA, to support a punitive damages award.”
Seltzer v. Morton, 2007 MT 62, 154 P.3d 561.
“1989) and in Mont. Code Ann. § 27-1-221 (1989). Haslip, 499 U.”
Emmerson v. Walker, 2010 MT 167, 236 P.3d 598.
“" In turn, § 27-1-221(1), MCA, provides that punitive damages "may be awarded when the defendant has been found guilty of actual fraud or actual *607 malice.”
Mont. Code Ann. § 27-1-221(1)(2007): 1 case
Mont. Code Ann. § 27-1-221(2): 52 cases
Sherner v. Conoco, Inc., 2000 MT 50, 995 P.2d 990.
“¶ 55 I respectfully dissent from the Court's opinion, which adopts entirely new standards for determining whether the exception to the exclusive remedy provision contained in § 39-71-413, MCA, applies and also adopts the § 27-1-221, MCA, definition of malice.”
Sunburst Sch. Dist. No. 2 v. Texaco, Inc., 2007 MT 183, 165 P.3d 1079.
“Whether Sunburst established that Texaco acted with actual fraud or actual malice as required by § 27-1-221, MCA, to support a punitive damages award.”
Blythe v. Radiometer Am., Inc., 866 P.2d 218 (Mont. 1993).
“Section 27-1-221, MCA, defines "actual malice" as follows: Punitive damages liability proof award.”
Mont. Code Ann. § 27-1-221(2)(a): 4 cases
Jacobsen v. Allstate Ins., 2009 MT 248, 215 P.3d 649.
“In other words, Allstate was required to show that Jacobsen failed to present sufficient evidence to satisfy the statutory elements of malice set forth in § 27-1-221, MCA: (2) A defendant is guilty of actual malice if the defendant has knowledge of facts or intentionally…”
Sunburst Sch. Dist. No. 2 v. Texaco, Inc., 2007 MT 183, 165 P.3d 1079.
“Whether Sunburst established that Texaco acted with actual fraud or actual malice as required by § 27-1-221, MCA, to support a punitive damages award.”
Emmerson v. Walker, 2010 MT 167, 236 P.3d 598.
“" In turn, § 27-1-221(1), MCA, provides that punitive damages "may be awarded when the defendant has been found guilty of actual fraud or actual *607 malice.”
Mont. Code Ann. § 27-1-221(3): 8 cases
Sunburst Sch. Dist. No. 2 v. Texaco, Inc., 2007 MT 183, 165 P.3d 1079.
“Whether Sunburst established that Texaco acted with actual fraud or actual malice as required by § 27-1-221, MCA, to support a punitive damages award.”
Folsom v. Montana Pub. Employees' Ass'n, 2017 MT 204, 400 P.3d 706.
“” On the ground that “all of attorney Picotte’s conduct related exclusively to his handling of Folsom’s grievance,” MPEA asserts that Folsom’s common law fraud claim is legally and factually subsumed in his DFR claim and thus not independently cognizable in this action.”
Mont. Code Ann. § 27-1-221(3)(a): 1 case
Sunburst Sch. Dist. No. 2 v. Texaco, Inc., 2007 MT 183, 165 P.3d 1079.
“Whether Sunburst established that Texaco acted with actual fraud or actual malice as required by § 27-1-221, MCA, to support a punitive damages award.”
Mont. Code Ann. § 27-1-221(3)(b): 1 case
Sunburst Sch. Dist. No. 2 v. Texaco, Inc., 2007 MT 183, 165 P.3d 1079.
“Whether Sunburst established that Texaco acted with actual fraud or actual malice as required by § 27-1-221, MCA, to support a punitive damages award.”
Mont. Code Ann. § 27-1-221(4): 4 cases
Mont. Code Ann. § 27-1-221(5): 32 cases
Jacobsen v. Allstate Ins., 2009 MT 248, 215 P.3d 649.
“In other words, Allstate was required to show that Jacobsen failed to present sufficient evidence to satisfy the statutory elements of malice set forth in § 27-1-221, MCA: (2) A defendant is guilty of actual malice if the defendant has knowledge of facts or intentionally…”
Emmerson v. Walker, 2010 MT 167, 236 P.3d 598.
“" In turn, § 27-1-221(1), MCA, provides that punitive damages "may be awarded when the defendant has been found guilty of actual fraud or actual *607 malice.”
Czajkowski v. Meyers, 2007 MT 292, 172 P.3d 94.
“¶ 14 We review a district court's punitive damages findings made pursuant to § 27-1-221, MCA, under the three-part test set forth in Interstate Production Credit v.”
Seltzer v. Morton, 2007 MT 62, 154 P.3d 561.
“1989) and in Mont. Code Ann. § 27-1-221 (1989). Haslip, 499 U.”
Dees v. Am. Nat'l Fire Ins., 861 P.2d 141 (Mont. 1993).
“Section 33-18-242, MCA, also provides for exemplary damages assessed in accordance with § 27-1-221, MCA. In an action under § 33-18-242, MCA, a plaintiff is not required to prove that the violations were of such frequency as to indicate a general business practice.”
Mont. Code Ann. § 27-1-221(6): 11 cases
Finstad v. W.R. Grace & Co., 2000 MT 228, 8 P.3d 778.
“While this information may be relevant to demonstrate the existence of actual malice or actual fraud in determining whether an award of punitive damages is appropriate, it is not relevant to the jury's determination of the amount of punitive damages.”
Jacobsen v. Allstate Ins., 2009 MT 248, 215 P.3d 649.
“In other words, Allstate was required to show that Jacobsen failed to present sufficient evidence to satisfy the statutory elements of malice set forth in § 27-1-221, MCA: (2) A defendant is guilty of actual malice if the defendant has knowledge of facts or intentionally…”
Malcolm v. Evenflo Co., Inc., 2009 MT 285, 217 P.3d 514.
“Sunburst, ¶ 81; § 27-1-221, MCA. The District Court acted within its discretion when it determined that evidence surrounding the recall and testing of the OMW model 206 was relevant for the purposes of determining punitive damages.”
Mont. Code Ann. § 27-1-221(7): 14 cases
Malcolm v. Evenflo Co., Inc., 2009 MT 285, 217 P.3d 514.
“Sunburst, ¶ 81; § 27-1-221, MCA. The District Court acted within its discretion when it determined that evidence surrounding the recall and testing of the OMW model 206 was relevant for the purposes of determining punitive damages.”
Finstad v. W.R. Grace & Co., 2000 MT 228, 8 P.3d 778.
“While this information may be relevant to demonstrate the existence of actual malice or actual fraud in determining whether an award of punitive damages is appropriate, it is not relevant to the jury's determination of the amount of punitive damages.”
Dees v. Am. Nat'l Fire Ins., 861 P.2d 141 (Mont. 1993).
“Section 33-18-242, MCA, also provides for exemplary damages assessed in accordance with § 27-1-221, MCA. In an action under § 33-18-242, MCA, a plaintiff is not required to prove that the violations were of such frequency as to indicate a general business practice.”
Mont. Code Ann. § 27-1-221(7)(a): 9 cases
Finstad v. W.R. Grace & Co., 2000 MT 228, 8 P.3d 778.
“While this information may be relevant to demonstrate the existence of actual malice or actual fraud in determining whether an award of punitive damages is appropriate, it is not relevant to the jury's determination of the amount of punitive damages.”
Malcolm v. Evenflo Co., Inc., 2009 MT 285, 217 P.3d 514.
“Sunburst, ¶ 81; § 27-1-221, MCA. The District Court acted within its discretion when it determined that evidence surrounding the recall and testing of the OMW model 206 was relevant for the purposes of determining punitive damages.”
Sunburst Sch. Dist. No. 2 v. Texaco, Inc., 2007 MT 183, 165 P.3d 1079.
“Whether Sunburst established that Texaco acted with actual fraud or actual malice as required by § 27-1-221, MCA, to support a punitive damages award.”
Cartwright v. Equitable Life Assurance Soc'y of the United States, 914 P.2d 976 (Mont. 1996).
“Did the District Court err by its award of punitive damages made pursuant to § 27-1-221, MCA? The issue raised by the plaintiffs’ cross-appeal is whether the District Court erred when, pursuant to its statutory obligation to review the jury’s punitive damage awards, it reduced…”
Mont. Code Ann. § 27-1-221(7)(b): 14 cases
Czajkowski v. Meyers, 2007 MT 292, 172 P.3d 94.
“¶ 14 We review a district court's punitive damages findings made pursuant to § 27-1-221, MCA, under the three-part test set forth in Interstate Production Credit v.”
Mont. Code Ann. § 27-1-221(7)(b)(i): 6 cases
Czajkowski v. Meyers, 2007 MT 292, 172 P.3d 94.
“¶ 14 We review a district court's punitive damages findings made pursuant to § 27-1-221, MCA, under the three-part test set forth in Interstate Production Credit v.”
Cartwright v. Equitable Life Assurance Soc'y of the United States, 914 P.2d 976 (Mont. 1996).
“Did the District Court err by its award of punitive damages made pursuant to § 27-1-221, MCA? The issue raised by the plaintiffs’ cross-appeal is whether the District Court erred when, pursuant to its statutory obligation to review the jury’s punitive damage awards, it reduced…”
Mont. Code Ann. § 27-1-221(7)(b)(iii): 1 case
Mont. Code Ann. § 27-1-221(7)(b)(iv): 2 cases
Czajkowski v. Meyers, 2007 MT 292, 172 P.3d 94.
“¶ 14 We review a district court's punitive damages findings made pursuant to § 27-1-221, MCA, under the three-part test set forth in Interstate Production Credit v.”
Mont. Code Ann. § 27-1-221(7)(b)(ix): 3 cases
Finstad v. W.R. Grace & Co., 2000 MT 228, 8 P.3d 778.
“While this information may be relevant to demonstrate the existence of actual malice or actual fraud in determining whether an award of punitive damages is appropriate, it is not relevant to the jury's determination of the amount of punitive damages.”
Czajkowski v. Meyers, 2007 MT 292, 172 P.3d 94.
“¶ 14 We review a district court's punitive damages findings made pursuant to § 27-1-221, MCA, under the three-part test set forth in Interstate Production Credit v.”
Mont. Code Ann. § 27-1-221(7)(b)(v): 1 case
Mont. Code Ann. § 27-1-221(7)(b)(vi): 1 case
Mont. Code Ann. § 27-1-221(7)(b)(vii): 1 case
Mont. Code Ann. § 27-1-221(7)(b)(viii): 1 case
Czajkowski v. Meyers, 2007 MT 292, 172 P.3d 94.
“¶ 14 We review a district court's punitive damages findings made pursuant to § 27-1-221, MCA, under the three-part test set forth in Interstate Production Credit v.”
Mont. Code Ann. § 27-1-221(7)(c): 9 cases
Sunburst Sch. Dist. No. 2 v. Texaco, Inc., 2007 MT 183, 165 P.3d 1079.
“Whether Sunburst established that Texaco acted with actual fraud or actual malice as required by § 27-1-221, MCA, to support a punitive damages award.”
Dees v. Am. Nat'l Fire Ins., 861 P.2d 141 (Mont. 1993).
“Section 33-18-242, MCA, also provides for exemplary damages assessed in accordance with § 27-1-221, MCA. In an action under § 33-18-242, MCA, a plaintiff is not required to prove that the violations were of such frequency as to indicate a general business practice.”
Mont. Code Ann. § 27-1-221(8): 1 case
Mont. Code Ann. § 27-1-221(8)(b): 1 case
Mont. Code Ann. § 27-1-221(b): 2 cases
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