News & Analysis as of

Tort Reform

Benesch

Raising The Bar: Ohio Moves To Increase Tort Damages Caps For The First Time In Two Decades

Benesch on

The Ohio Legislature is advancing bills that would significantly raise caps on noneconomic and punitive damages in tort cases, with future increases tied to inflation....more

White and Williams LLP

PA Certificate of Merit Reform: Right Idea, Wrong Approach

White and Williams LLP on

Pennsylvania legislators have long grappled with striking the right balance between maintaining open courts to allow individuals truly injured by medical negligence to receive fair compensation against the equally important...more

Cozen O'Connor

Claims Notes: March 2026

Cozen O'Connor on

Governor Proposes Major Auto Tort Reforms- To combat high auto rates, New York’s proposed budget includes several tort‑reform measures: Pare Down Joint and Several Liability- The proposal would narrow New York’s...more

Phelps Dunbar

Georgia Supreme Court Hears the Case for Medical Malpractice Damages Cap

Phelps Dunbar on

Georgia’s Supreme Court justices raised questions about recent arguments to cap damages in medical malpractice cases. Though a decision isn’t expected for several months, health care insurers and litigators should prepare for...more

Freeman Mathis & Gary

Capping catastrophe: Is Ohio’s catastrophic-injury limit constitutional?

Freeman Mathis & Gary on

Last week, the Supreme Court of Ohio was asked if Ohio’s cap on noneconomic damages in medical malpractice actions was constitutional. On one side, John Paganini argued it was not as applied to him and asked the Court to...more

Gordon Rees Scully Mansukhani

The End of Pain and Suffering Damages in California Survival Actions

As of January 1, 2026, California law no longer allows for pain, suffering, or disfigurement damages in survival actions. This change marks the expiration of a temporary statutory amendment that allowed such damages, and a...more

Bass, Berry & Sims PLC

114th Tennessee General Assembly Reconvenes for Second Regular Session

Bass, Berry & Sims PLC on

On Tuesday, January 13, the state’s legislative branch reconvened for the second session of the 114th General Assembly. With most legislators returning and several major policy debates unresolved from last year, lawmakers are...more

Swope, Rodante P.A.

If Florida Is Truly Pro Life, Every Life Must Count, Even After Death

Swope, Rodante P.A. on

Florida remains the only state in the country that denies families the right to pursue a medical malpractice claim when an adult dies with no spouse and no children....more

Amundsen Davis LLC

Proposed Ohio Legislation Would Raise Limits on Non-Economic Damages

Amundsen Davis LLC on

In September 2025, the Ohio House of Representatives introduced House Bill 447 (HB 477), which aims to increase a plaintiff’s maximum recoverable amounts of “non-economic damages” in personal injury lawsuits. Non-economic...more

Butler Snow LLP

Memento Michigan Compiled Law § 600.2946(5): An Homage to Michigan’s Former Drug Immunity Law

Butler Snow LLP on

In 1995, the Michigan Legislature enacted its Drug Immunity Law, which provided an absolute defense for pharmaceutical companies in product liability suits stemming from the safety and efficacy of their drug products, the...more

Segal McCambridge

Legislative Update: New York’s “Grieving Families Act” Has Been Delivered to Governor Hochul

Segal McCambridge on

The “Grieving Families Act” has passed New York’s Assembly and Senate and was forwarded to Governor Kathy Hochul on December 1, 2025. This controversial proposed legislation provides for the types of damages that may be...more

Marshall Dennehey

Q&A with Curi

Marshall Dennehey on

To help understand the evolving landscape of medical malpractice, we spoke with the claims management team at Curi, a leader in health care risk and insurance solutions. They offer valuable insights into the complex factors...more

Miles Mediation & Arbitration

Significant Changes Under Georgia’s New Tort Reform Legislation

You likely are aware that Governor Brian Kemp signed Georgia’s tort reform legislation (SB 68) on April 21, 2025, which made a number of changes to Georgia law. This article summarizes some of the major changes under that...more

Weber Gallagher Simpson Stapleton Fires &...

A New Defense Strategy: Leveraging Florida’s Tort Reform for Early Dismissal

A Florida trial court recently dismissed a personal injury lawsuit against a national retail defendant based on a novel argument created by Weber Gallagher regarding statutory condition precedent to asserting a claim for...more

BCLP

Tort Reform and Beyond: Key Georgia Legislation Impacting Civil Litigation Since 2022

BCLP on

Since 2022, the Georgia General Assembly has passed several pieces of legislation providing significant impacts for civil litigation and litigants in the State’s courts. Together, the new laws indicate a legislative trend to...more

Husch Blackwell LLP

Update on Illinois Tort Reform - UPDATED August 19, 2025.

Husch Blackwell LLP on

On August 15, 2025, Governor Pritzker signed Senate Bill 328 into law, effective immediately. The bill makes significant changes to the law governing jurisdiction in Illinois, namely changing Illinois from a specific...more

Kerr Russell

Michigan Supreme Court Declines to Revisit Medical Malpractice Damages Cap

Kerr Russell on

The Michigan Supreme Court recently declined to weigh in on an important question about whether the state’s cap on non-economic damages in medical malpractice lawsuits violates the Michigan Constitution. (In re Certified...more

Tonkon Torp LLP

Landowner Immunity on Oregon Trails Now Permanent

Tonkon Torp LLP on

On May 28, 2025, Governor Kotek signed SB 179 into law, to be effective January 1, 2026. SB 179 makes permanent the temporary changes made to the Oregon recreational immunity law by SB 1576 in 2024, set to sunset on January...more

Faegre Drinker Biddle & Reath LLP

Tort Reform is Top of Mind in 2025: Legislative Updates in Georgia, South Carolina, Louisiana and Arkansas

The American Tort Reform Foundation’s list of “Judicial Hellholes” often are all-too-familiar jurisdictions for product liability defendants. Some states who are home to these infamous venues, often known for producing...more

Miles Mediation & Arbitration

Significant Changes Under Georgia’s New Tort Reform Legislation

You likely are aware that Governor Brian Kemp signed Georgia’s tort reform legislation (SB 68) on April 21, 2025, which made a number of changes to Georgia law. This article summarizes some of the major changes under that...more

Alston & Bird

Insurance Insights | California and New York Privacy Protections, Georgia Tort Reform & Cybersecurity and Privacy Updates

Alston & Bird on

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, California and New York layer on privacy protections, tort reform...more

Husch Blackwell LLP

How Georgia SB68 Streamlines Litigation: What You Need to Know

Husch Blackwell LLP on

Georgia Senate Bill 68, signed into law by Governor Brian Kemp on April 21, 2025, introduces significant changes to the state’s civil litigation landscape. Most notable is the implementation of a mandatory 90-day stay of...more

Hinshaw & Culbertson - Insights for Insurers

Allocation of Losses in Complex Insurance Coverage Claims

Allocation is a fundamental issue impacting every society and transcending virtually every major sector and function within a society. Economists sometimes describe this concept as society's allocation of its resources...more

Rumberger | Kirk

Florida’s Evolving Bad-Faith Landscape: What Claims and Insurance Pros Need to Know

Rumberger | Kirk on

Bad faith litigation has long posed both legal and reputational risks for insurers operating in Florida. With the enactment in 2023 of House Bill 837—a sweeping tort-reform measure—there are important changes to how insurers...more

Cozen O'Connor

South Carolina’s New Tort Reform and Liquor Liability Law

Cozen O'Connor on

On May 28, 2025, South Carolina Governor Henry McMaster officially signed H.3430, also known as Act 42, which amends part of South Carolina’s Contribution Among Tortfeasors Act, S.C. Code Ann. §15-38-15, as well as laws...more

170 Results
 / 
View per page
Page: of 7

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide