We recently reported on a case against Hyundai in which a Montana trial judge ruled that Montana’s cap on punitive damages is unconstitutional.  In that post, we noted that the Montana Supreme Court would make the ultimate decision about the cap’s constitutionality. 

As it turns out, the Montana Supreme Court may be addressing that issue sooner than we thought.  The issue is already teed up in Masters Group International v. Comerica Bank.  The Bozeman Daily Chronicle reports that the Masters Group case was argued in the Montana Supreme Court just last Friday.  The story notes, however, that the Supreme Court might not decide the constitutionality of the cap because the court could dispose of the case on other grounds. 

Incidentally, the plaintiffs’ counsel in Masters Group also represents the plaintiffs in the Hyundai case.