Document Type
Article
Publication Date
3-1-2020
Abstract
In the Blackfeet Tribal Court of Appeals, the Court dismissed an appeal by Glacier Electric Cooperative [GEC] after it lost a jury trial over a breach of fiduciary duty to its members where $2.5 million in damages were awarded to the members. The Court considered whether the evidence presented in trial supported the jury’s decision. The Court used the Clear and Convincing evidence standard for compensatory and punitive damages. This is different from the change in GEC’s bylaws that only required appellants to have a Preponderance of evidence standard. The Court considered whether there was clear and convincing evidence that GEC Board’s actions were egregious and with malice. The Court found that plaintiff’s failed to prove by clear and convincing evidence that the GEC Board of Directors breached a fiduciary duty, that punitive damages cannot be awarded absent compensatory damages, and that the Tribal Court does not have the authority to order a change in the By-Laws, however reasonable a request for those changes might be.
Recommended Citation
Glacier Electric Cooperative, Inc., et al v. Gervais, et al, 19-AP-03 (Blkft. Tr. Ct. App., Feb. 13, 2020)