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Bill to limit injunctive orders to case parties draws strong opposition
Summary
Senate Bill 43 would restrict Montana courts from issuing injunctions that bind nonparties; opponents said the change would force thousands of individual lawsuits to secure relief and risk fragmenting constitutional protections; sponsor proposed an amendment narrowing the bill’s reach to district courts only.
Senate Bill 43, sponsored by Senator Daniel Emmerich, would narrow the scope of injunctive relief in Montana courts so that a court’s injunction could not restrain enforcement of a statute against nonparties. The bill drew strong opposition from civil liberties groups and trial lawyers who said the change would undercut statewide protections and multiply litigation.
Senator Emmerich described the bill as an attempt to ensure injunctions are “narrowly tailored as possible” and said recent practice had sometimes extended orders to nonparties. He said the bill was modeled on…
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