Polsinelli Podcasts - Removing Caps on Punitive Damages: What is the Impact on Business?
California’s controversial Medical Injury Compensation Reform Act of 1975 (MICRA) could soon change after health care and consumer advocates worked with California legislative leaders to reach an agreement to modify MICRA,...more
There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can...more
In 1988, the Kansas legislature enacted K.S.A. 60-19a02 to limit personal injury plaintiffs’ recovery for non-economic losses such as pain and suffering, mental anguish, loss of enjoyment of life, etc. Thirty years later, in...more
On July 1, 2019, the caps on damages set by the Indiana Medical Malpractice Act will rise for the second time in two years. This increase, which applies to acts of malpractice that occur after June 30, 2019, will complete...more
The Wisconsin Supreme Court has issued a ruling in the case of Mayo v. Wisconsin Injured Patients and Families Compensation Fund. The Supreme Court’s decision, which was handed down on June 27, 2018, overturned a lower court...more
Even as congressional Republicans advance their counter-factual campaign to strip patients who have been harmed while seeking medical services of their rights to seek legal redress, another state appeals court has rejected...more
What kills between 250,000 and 440,000 people in the United States each year; 700 deaths per day? What is the third leading cause of death in America? Isn’t it one of the responsibilities of the US Congress to...more
It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow....more
In Rashidi v. Moser (No. S214430, filed 12/15/2014), the California Supreme Court held that in medical professional negligence cases, the noneconomic damages cap applies only to the amount of damages awarded to a plaintiff in...more
What's the most controversial measure on California's November ballot? The insurance regulation bill, Prop 45, may be a good contender – but more than likely the controversy over Proposition 46 will win the contest hands...more
Michael Newman authored an op-ed for the May 29th edition of the Daily Journal to speak out against what he believes is an initiative that will deceive California voters this coming November. Newman writes that the...more
In Klutschkowski v. Peacehealth, et al., No. 160615518 (Ore., Sept. 26, 2013), the Oregon State Supreme Court unanimously held that an Oregon statute capping non-economic damages at $500,000 was unconstitutional as applied to...more