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Bill to clarify apportionment statute draws sharp debate over empty‑chair defenses and plaintiffs' rights
Summary
Representative Antonina Castro said HB 303 aims to clarify when a defendant can argue a non‑party was the sole cause of injuries; opponents said the change could permit defendants to blame absent parties, weaken strict liability protections and frustrate plaintiffs, particularly in asbestos and medical device cases.
Representative Antonina Castro introduced House Bill 303 as a narrow clarification to Montana's apportionment statute. She said the change would make clear that when a defendant's defense is that a non‑party was the "sole cause" of the plaintiff's harm, that defense is distinct from apportionment and should be admissible even if the non‑party is not before the court.
Supporters, including the Montana Chamber of Commerce,…
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