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Constitutional Challenges Damage Caps

Arnall Golden Gregory LLP

Amicus Brief Filed Urging Georgia Supreme Court to Uphold Wrongful Death Award Statutory Cap

On behalf of two of the state’s largest healthcare associations — the Georgia Hospital Association (“GHA”) and the Medical Association of Georgia (“MAG”) — AGG Healthcare attorneys Jason Bring, Jerad Rissler, and Lisa Churvis...more

Marshall Dennehey

Pennsylvania Supreme Court to Review Constitutionality of Sovereign Immunity–Based Damages Cap

Marshall Dennehey on

Freilich v. Septa, No. 10 EAP 2024, review granted Mar. 11, 2024 - States, including the Commonwealth, enjoy immunity from suit and have since “before the ratification of the Constitution.” Goldman v. Septa, 57 A.3d 1154,...more

Lathrop GPM

Kansas Supreme Court Strikes Cap on Non-economic Damages for Personal Injuries

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oklahoma Supreme Court Quashes Noneconomic Damages Cap for Personal Injury Claims

A divided Oklahoma Supreme Court recently invalidated the $350,000 noneconomic damages cap on pain and suffering in personal injury lawsuits. In Beason v. I.E. Miller Services, Inc., the court held that the statutory damages...more

Dickinson Wright

The Sixth Circuit Declares Tennessee’s Punitive Damages Cap Unconstitutional

Dickinson Wright on

In December 2018, the U.S. Court of Appeals for the Sixth Circuit held that Tennessee’s cap on punitive damages was unconstitutional. This cap came into effect when Tennessee Governor Bill Haslam signed the Tennessee Civil...more

Mayer Brown

Sixth Circuit Invalidates Tennessee’s Punitive-Damages Cap and Holds That Punitive Damages Are Available Under Tennessee Law For...

Mayer Brown on

Should divided panels of federal appellate courts really be deciding state-law issues of first impression? That’s what happened last month in Lindenberg v. Jackson National Life Insurance Co. In Lindenberg, two Sixth Circuit...more

Bradley Arant Boult Cummings LLP

The Sixth Circuit Strikes Down Tennessee’s Cap on Punitive Damages

The Sixth Circuit recently issued a divided opinion holding that Tennessee’s statutory cap on punitive damages, Tenn. Code Ann. § 29-39-104, is unconstitutional. What makes the case interesting is that the court decided the...more

White and Williams LLP

PA Supreme Court Declines to Consider Constitutional Challenge to Statutory Damages Cap Applicable to Commonwealth Agencies

White and Williams LLP on

Pennsylvania law limits the amount of damages recoverable in tort actions against Commonwealth agencies and local agencies under the Sovereign Immunity Act and the Political Subdivision Tort Claims Act, respectively. Pursuant...more

Ruder Ware

Non-Economic Damage Limitation Upheld by the Wisconsin Supreme Court

Ruder Ware on

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

Perkins Coie

Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic Damages

Perkins Coie on

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

Clark Hill PLC

Texas Legislative Outlook

Clark Hill PLC on

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

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