On June 14, 2019 the Kansas Supreme Court ruled in Hilburn v. Enerpipe Ltd (No. 112,765.) that the statutory cap (K.S.A. 60-19a02) on non-economic damages in personal injury actions violates the “right to trial by jury” in...more
The Pennsylvania Supreme Court (the “Supreme Court”) has taken the “whistleblowers be made whole” purpose of the Pennsylvania Whistleblower Law, 43 P.S. §§1421-1428, (the “PAWL”) to the next level in its March 27, 2018...more
A South Florida court of appeal compelled arbitration against a nursing home in a negligence lawsuit after upholding a severability clause despite an unenforceable cap on non-economic damages and prohibition on punitive...more
This month’s key California employment law cases both involve jury trials of discrimination claims, and the extent to which the plaintiffs were able to recover attorney’s fees and damages....more
Oregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent...more
Supreme Court Advance Release Opinions: SC19254 - State v. Santos - Appellate Court Advance Release Opinions: AC37165 - State v. Marrero-Alejandro - AC35970 - Stone v. Pattis - Plaintiff hired an...more
In 2011, Tennessee joined a growing number of states that passed tort reform. In Particular Tennessee Code Annotated § 29-39-102 provides for caps on non-economic damages and Tennessee Code Annotated § 29-39-104 provides for...more