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Senate concurs in bill clarifying injunction test after Montana Supreme Court ruling
Summary
House Bill 409 passed second reading in the Senate. The bill clarifies the intended injunction standard lawmakers adopted previously, instructing courts to weigh each element equally rather than apply a sliding-scale approach, and generated debate over judicial independence.
House Bill 409, which clarifies how Montana courts should evaluate the tests for preliminary injunctions, was concurred in on second reading by the Senate on March 17 after floor debate.
Sponsor and proponents told senators the bill responds to a Montana Supreme Court interpretation that they said applied a “sliding scale” approach to injunctions; the bill would require…
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