A Montana jury awarded $35 million (including $31m punitive) to a woman abused after elders had handled an earlier report about the same man internally; in January 2020 the Montana Supreme Court reversed, holding the elders were exempt from mandatory reporting because their doctrine required the communications to be kept confidential.

Montana Supreme Court, “Nunez v. Watchtower Bible and Tract Society of New York, Inc., 2020 MT 8 (DA 19-0077)”

8 January 2020 · paras 25, 33 · Montana Supreme Court (opinion text via FindLaw)

“A member of the clergy or a priest is not required to make a report under this section if the communication is required to be confidential by canon law, church doctrine, or established church practice.”

Montana Code Annotated s. 41-3-201(6)(c), as quoted. The court held (para 33) that 'undisputed material facts in the summary judgment record demonstrate as a matter of law that Jehovah's Witnesses were not mandatory reporters' because their doctrine required confidentiality, reversing a Sanders County jury verdict of $4 million compensatory and $31 million punitive damages ($35 million) for Alexis Nunez and directing judgment for the defendants. Elders of the Thompson Falls congregation had received reports in 2004 about a member and disfellowshipped, then reinstated, him without informing authorities.

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