Polsinelli Podcasts - Removing Caps on Punitive Damages: What is the Impact on Business?
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
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
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
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
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
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