Over the last three decades the U.S. Constitution has furnished the rationale for decision in a growing group of workers' compensation cases in Montana. Workers' compensation benefits have been fine-tuned to the requirements of the Constitution's equal protection and due process clauses.
Constitutional litigation from the worker's perspective has resulted in 1) improvements to benefits for persons suffering from occupational diseases, 2)...
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Remington Arms Co. has been manufacturing the model 700 series rifle for more than half a century. It has caused a number of injuries and deaths from inadvertent firing. Despite this, for the last fifty years it has been the most popular mainstream hunting rifle in the United States.
In negligence cases (car accidents, slip and falls, and most injury cases), a Montana jury compares the carelessness of the defendant against the claimed negligence of the plaintiff, and the plaintiff has no recovery if the share of his/her negligence exceeds that of the defendant(s).
In some cases, more than one defendant is negligent. The state may negligently design a section of road,...
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