Day: July 24, 2015

One question sometimes posed by our new clients regards the applicability of punitive damage awards in Montana. Punitive damages are awarded by juries after the trial of a case. The Montana Supreme Court has often upheld these awards. Punitive damages are intended to punish a party for particularly bad behavior. Montana law specifically provides that “reasonable punitive damages may be awarded when the defendant has been found guilty of actual fraud or actual malice”. They may not be awarded in contract cases. If the parties go to a jury trial, the jury must decide whether punitive damages should be assessed against the wrongdoer. The parties may not put on any