News & Analysis as of

Tort Reform Appeals

Harris Beach PLLC

California Supreme Court Decision Gives Relief to Defendants Seeking to Prevent their Prior Discovery Depositions from Being used...

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When defending litigation in one state, mass tort defendants must consider other jurisdictions’ rules. For example, while some states generally prohibit a plaintiff from using a defendant’s discovery deposition as part of...more

BCLP

The Supreme Court of Georgia Sheds New Light on Apportionment of Damages

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The Supreme Court of Georgia issued another decision in its recent line of cases opining on the scope and availability of Georgia’s apportionment statute - O.C.G.A. § 51-12-13. This latest decision, Alston & Bird, LLP v....more

McAfee & Taft

In support of common-sense tort reform - Gavel to Gavel

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One of the more frustrating things about the American legal system is that it permits people to sue for anything and, sometimes, nothing at all. Our courts groan under the weight of endless claims. Some of those claims move...more

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

Sixth Circuit Rules That Tennessee Cap on Punitive Damages Is Unconstitutional

In 2011, Tennessee Governor Bill Haslam signed the Tennessee Civil Justice Act, a tort reform measure limiting monetary damages. Tenn. Code Ann. § 29-39-104. This law places a cap on punitive damages of two times the...more

Patrick Malone & Associates P.C. | DC Injury...

Wisconsin appeals court rejects legal changes that GOP seeks nationally

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

Foley & Lardner LLP

Class Action Reform and the “Fairness in Class Action Act”

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While the Congressional legislative agenda has taken a back seat in the headlines lately, the fact remains that there still is an agenda, and it includes class action reform....more

BakerHostetler

House Passes Fairness in Class Action Litigation Act of 2017

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Yesterday, the U.S. House of Representatives passed the Fairness in Class Action Litigation Act of 2017 (H.R. 985) (the Act). The Act – introduced by Chairman of the House Judiciary Committee Bob Goodlatte – makes...more

Eversheds Sutherland (US) LLP

Take Two!: Congress Revives the Fairness in Class Action Litigation Act

This week, the House of Representatives is debating the Fairness in Class Action Litigation Act of 2017 (H.R. 985; the Act), a Republican-sponsored bill that, if passed, will critically change the procedures governing class...more

Snell & Wilmer

Punitives Slashed in Wyoming Carbon Monoxide Case

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In a case closely watched by tort reformers, a federal appeals court has whittled a $25.5 million punitive damages award to $1.95 million in a carbon monoxide poisoning lawsuit in Wyoming. Reversing much of the lower...more

Butler Snow LLP

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

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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

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