News & Analysis as of

Non-Economic Damages

Husch Blackwell LLP

The Disposal Of Non-Economic Damage Caps In The State Of Kansas

by Husch Blackwell LLP on

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

Lathrop Gage

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

by Lathrop Gage on

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

GableGotwals

Oklahoma Supreme Court Invalidates State’s Noneconomic Damages Cap

by GableGotwals on

The Oklahoma Supreme Court recently invalidated the state’s statutory noneconomic damages caps for claimed bodily injuries in Beason v. I.E. Miller Servs., 2019 OK 28, --- P.3d --- . Oklahoma now has no cap or limit on...more

Pessin Katz Law, P.A.

Not What the Doctor Ordered: Maryland’s Non-Economic Damage Cap Reaches Record High in 2019

by Pessin Katz Law, P.A. on

Technology grants greater access to the law than ever before, and with that, we are becoming more litigious with every passing year. Personal injury law firms notoriously flaunt massive jury verdicts, in particular. Nearly...more

Reminger Co., LPA

Application of Caps on Non-Economic Damages in State and Federal Employment Claims

by Reminger Co., LPA on

One question that frequently surfaces in any employment lawsuit that involves allegations implicating both state and federal law is whether and to what extent non-economic damages caps apply....more

The Brown Firm

Suable Damages in a Wrongful Death Case

by The Brown Firm on

Losing loved ones is hard. It is never easy to say goodbye to someone you love dearly due to sickness or old age.  However, to have a loved one taken from you because of the action of someone else so much harder....more

Hinshaw & Culbertson LLP

Utah Supreme Court Vacates an Award of Non-Economic Damages Arising from a Legal Malpractice Action

by Hinshaw & Culbertson LLP on

Brief Summary - In a case of first impression for Utah's highest court, the court vacated a jury award of non-economic damages for emotional distress allegedly sustained by plaintiff as a result of the alleged malpractice....more

Ruder Ware

Non-Economic Damage Limitation Upheld by the Wisconsin Supreme Court

by 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

Fisher Phillips

Bailets v. Pennsylvania Turnpike Commission – Pennsylvania Supreme Court Strengthens Pennsylvania’s Whistleblower Law for...

by Fisher Phillips on

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

Barley Snyder

Pennsylvania Supreme Court Affirms $1.6 million Whistleblower Award

by Barley Snyder on

According to the Pennsylvania Supreme Court, damages in a whistleblower suit aren’t limited to wage loss. The court last week ruled that the Pennsylvania Whistleblower Law permits an award of non-economic damages for items...more

Littler

"Actual Damages" Interpreted to Include Non-Economic Damages Under Pennsylvania's Whistleblower Law

by Littler on

A recent Pennsylvania Supreme Court decision has upheld that successful plaintiffs are entitled to non-economic damages under Pennsylvania’s Whistleblower Law, 43 P.S. §§1421-1428 (the “Law”). In Bailets v. Pa. Turnpike...more

Holland & Knight LLP

Florida Court Compels Arbitration Against Nursing Home Despite Flawed Agreement

by Holland & Knight LLP on

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

Holland & Hart - Persuasion Strategies

Take a Second Look at Why Per Diem Damage Requests Work

As a litigation consultant with an academic background, I am in a unique position: I stay abreast of the social science research (the blog schedule makes sure of that), but I also spend my days working with trial lawyers on...more

Payne & Fears

Key California Employment Law Cases: January 2018

by Payne & Fears on

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

Perkins Coie

Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic Damages

by 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

Patrick Malone & Associates P.C. | DC Injury...
Robinson v. Azer

Court's ruling on motion for new trial and/or remittitur of a record personal injury verdict, on 7/20/2017

This transcript is the trial court's ruling denying a defendant's motion for new trial and/or remittitur of the verdict amount ($8.35 million, a record in this court) in a medical malpractice case brought for a man whose...more

Patrick Malone & Associates P.C. | DC Injury...
Robinson v. Azer

Plaintiffs’ Opposition To Motion For Remittitur Or New Trial

This brief was filed in successful opposition to a defense motion for new trial or to reduce a large verdict for the plaintiffs in a medical malpractice trial in the District of Columbia in 2017. The brief addresses issues...more

Reminger Co., LPA

Tort reform, apportionment and immunity

by Reminger Co., LPA on

Applying Ohio’s tort reform legislation to a situation where a non-party is immune from the tort liability in issue has resulted in contradictory holdings. This article originally appeared in the 2016 September/October...more

Winstead PC

Court Caps Exemplary Damages Award Where Plaintiff Did Not Plead or Prove A Misapplication Of Fiduciary Property Capbusting...

by Winstead PC on

In Davis v. White, a lawyer sued his former partner over the application of a receivable. No. 02-13-00191-CV, 2016 Tex. App. LEXIS 3075 (Tex. App.—Fort Worth March 24, 2016, no pet. history). A jury awarded the plaintiff over...more

Burr & Forman

The Constitutionality of Tennessee Tort Reform Will Have to Wait

by Burr & Forman on

On March 10, 2015, I posted a blog about a recent court ruling that the Tennessee Civil Justice Act of 2011 (Tennessee’s statutory tort reform) was unconstitutional.  The ruling, made in an automobile accident case, held that...more

Pullman & Comley, LLC

Appellate Court Notes

by Pullman & Comley, LLC on

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

Butler Snow LLP

Practical Guidance on Application of Caps on Non-Economic Damages and Punitive Damages

by Butler Snow LLP on

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

Burr & Forman

Tennessee Tort Reform Ruled Unconstitutional

by Burr & Forman on

On March 9, 2015, Judge W. Neil Thomas, III, Hamilton County Circuit Court, ruled that the Tennessee Civil Just Act of 2011’s cap on non-economic damages awarded to injured plaintiffs is unconstitutional....more

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

Effective July 1, 2014: Caps To Be Placed on Non-Monetary Damages Sought Under the THRA, TDA, and TPPA

Tennessee’s governor just signed a highly significant employment litigation reform bill that will benefit employers throughout the state. The new law applies to all causes of action starting July 1, 2014. The bill places caps...more

Wilson Elser

California Appellate Court Confirms Cap on Past Medical Expenses Applies to Medicare Payments and Should Be Imposed before Further...

by Wilson Elser on

In Luttrell v. Island Pacific Supermarkets, Inc. (April 8, 2013, A134089), California’s First District Court of Appeal held that Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 specifically applies to limit...more

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