Montana Emerges As National Tort Reform Leader in ATRA’s 2025 “Legislative HeatCheck”

Today, the American Tort Reform Association named Montana a 2025 “Tort Reform Trailblazer” in its annual Legislative HeatCheck report, recognizing the state’s focus on passing impactful civil justice reforms during the 2025 legislative session. 

“Montana has proven itself a leader in the fight for tort reform in recent years, passing some of the strongest and most effective reforms in the nation,” said Tiger Joyce, American Tort Reform Association president. “Lawmakers and the governor built upon previous success this year by increasing transparency in litigation funding, blocking foreign influence in the courts, and overhauling nuisance laws.” 

Landmark Legislation Addresses Key Issues

Montana earned its “Tort Reform Trailblazer” designation after Gov. Greg Gianforte (R) signed three major reform bills into law this year: Senate Bill 511, Senate Bill 39 and House Bill 791. Sponsored by Republican lawmakers, Sen. Greg Hertz and Rep. Anthony Nicastro, the bills target several pressing legal issues:

• Foreign Investment in Litigation Financing: The new law requires disclosure and registration of any third-party funders. This reform aims to protect Montana’s courts by preventing abuses from hidden financial backers and ensuring that all parties are aware of outside interests influencing a case.
• Attorney Fees: S.B. 39 overhauls how attorney fees are awarded by requiring itemized bills and mandating that fees be proportional to the attorney’s actual work. The change aims to protect taxpayers, businesses, and individuals from excessive legal costs by bringing more accountability to the attorney fee process in Montana.
• Public Nuisance: This reform will help prevent the misuse of public nuisance claims to target legal industries or property owners. The new law clarifies the definitions of public or private nuisance, narrows who can be sued, and limits what kinds of lawsuits and damages are allowed. 

“Public nuisance was never intended as a catch-all to solve every societal ill,” Joyce said. “This year’s reforms will rein in trial lawyers who try to bypass traditional liability principles and create a fairer court system for all.”

Economic Impact: Real Costs for Families and Businesses

Montana residents pay an $871 annual “tort tax” due to excessive tort costs, which further contribute to an annual loss of 8,480 jobs. Lawsuit abuse in Montana also results in a $986.8 million reduction in GDP and $182.552 million in lost state government revenue.   

ATRA’s Legislative HeatCheck report evaluates a select group of states’ progress — or lack thereof — in enacting meaningful tort reform measures during their most recent legislative sessions. 

Montana’s legislature joins Arkansas, Georgia and Oklahoma lawmakers as 2025’s “Tort Reform Trailblazers.” The full Legislative HeatCheck report is available at heatcheck.atra.org.

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About the Legislative HeatCheck: The Legislative HeatCheck is an annual analysis, started in 2024 by the American Tort Reform Association, that assesses which states are making strides to improve their civil justice systems through tort reform and which states remain in dire need of legal reform. The report categorizes a select group of states into three groups:

• Tort Reform Trailblazers: States that have recently enacted key tort reform measures to rein in lawsuit abuse and improve their legal climates.
• Lawsuit Infernos: States whose legislatures are actively expanding liability and worsening their civil justice systems or failed to pass any meaningful legal reforms during their latest legislative sessions, leaving their civil justice systems mired in a litigious status quo.
• Heat Watch: States whose legislatures still are in session and are considering either positive or negative legislation. These states are placed on “Heat Watch” due to inaction on tort reform or the potential for liability-expanding legislation that could worsen their legal climates.

The Legislative HeatCheck provides an overview of tort reform battles waged in statehouses nationwide and serves as a guide for where reform efforts should be focused in the year ahead.