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MT HB409
Bill
Status
3/25/2025
Primary Sponsor
Steve Fitzpatrick
Click for details
AI Summary
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Prohibits Montana courts from using the "serious questions test," sliding scale tests, flexible interplay, or other federal circuit court modifications when evaluating preliminary injunctions and temporary restraining orders
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Requires courts to examine each of the four preliminary injunction criteria independently: likelihood of success on the merits, irreparable harm, balance of equities, and public interest
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Mandates that Montana courts follow U.S. Supreme Court precedent rather than 9th Circuit Court of Appeals decisions when applying the preliminary injunction standard
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Responds to the Montana Supreme Court's decision in Stensvad v. Newmay Ayers Ranch, Inc., which adopted the serious questions test contrary to legislative intent expressed in 2023 amendments
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Effective immediately upon passage and approval
Legislative Description
Revise injunction laws
Judges and Justices
Last Action
Chapter Number Assigned
3/25/2025