Netzer v. State
Annotate this Case
The Supreme Court affirmed in part and remanded in part the order of the district court denying Plaintiffs' application to preliminarily enjoin the State from enforcing House Bill 702, a "vaccination discrimination law," as enacted by the Legislature and signed by the Governor, holding that the district court did not abuse its discretion in declining to issue the preliminary injunction.
HB 702, codified as Mont. Code Ann. 49-2-312, was an act "prohibition discrimination based on a person's vaccination status." Plaintiffs sought to preserve their ability to enforce a vaccine mandate on current and prospective employees by bringing this action. The lower court dismissed the complaint, ruling that Plaintiffs failed to satisfy their burden of establishing a prima facie case that they would suffer irreparable harm caused by implantation of the law prior to the final resolution of the case. The Supreme Court remanded in part, holding (1) the court's decision to deny preliminary injunctive relief did not constitute a manifest abuse of discretion; and (2) the court did not manifestly abuse its discretion in denying preliminary injunctive relief prior to final resolution on the merits.
Court Description: Go to the Synopsis of the Opinion
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.