News & Analysis as of

Damages State Legislatures

Weber Gallagher Simpson Stapleton Fires &...

Good News (Finally): Tort Reform Efforts Gaining Steam Across the U.S.

On April 22, 2025, Georgia Governor Brian Kemp signed the Georgia Tort Reform Act, which significantly alters the playing field in personal injury cases. As discussed below, Georgia joins a small but growing list of states...more

Rumberger | Kirk

Florida Legislature Seeks To Rescind Restrictions On Medical Malpractice Damages

Rumberger | Kirk on

With another legislative session nearing the end, many continue to keep a keen eye on certain legislative efforts meant to expand the extent of damages available in medical malpractice lawsuits. The sweeping legislation,...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - Legislative Day 20 - February 2025

As both lobbyists and legal nerds, our ears perk up when the Georgia General Assembly takes up legislation that directly implicates the workings of the State’s criminal and civil justice systems. So, we’re listening closely...more

Morris, Manning & Martin, LLP

Georgia Senate Introduces Tort Reform Legislation

On January 30, 2025, Governor Kemp introduced his "Tort Reform" plan that would redefine Georgia rules regarding civil trials and litigation financing with the ultimate aim to lower insurance costs. The Senate responded by...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - Legislative Day 9 - January 2025

After weeks of talking about the concepts of a plan, Governor Brian Kemp finally pulled back the curtain on his comprehensive tort reform package on Thursday. Backed by more than a hundred citizens representing a broad...more

Weber Gallagher Simpson Stapleton Fires &...

New York Governor Hochul Vetoes Grieving Families Act a Third Time

New York Governor Kathy Hochul has recently vetoed Senate Bill S8485B, commonly known as the “Grieving Families Act”, for the third straight year.  The Act continues to seek the expansion of compensable damages in wrongful...more

Segal McCambridge

New York’s Grieving Families Act: Vetoed Again, but What’s Next?

Segal McCambridge on

Just before the holidays, Governor Hochul vetoed the third iteration of New York’s controversial Grieving Families Act. The legislation aimed to overhaul New York’s wrongful death laws but has faced significant opposition....more

Marshall Dennehey

Florida Tort Reform: The Impact of House Bill 837 on Health Care Litigation

Marshall Dennehey on

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law. Also known as the “Civil Remedies” or “Tort Reform” law, HB 837 has changed civil litigation in Florida, including providing a uniform standard...more

Segal McCambridge

The Illinois State Legislature Set to Take up BIPA Reform

Segal McCambridge on

Recently, the Illinois General Assembly have restarted efforts to amend the Biometric Information Privacy Act of 2008 (“the Act”). On January 31, 2024, Senator Bill Cunningham introduced S.B. 2979 ostensibly to answer the...more

Spilman Thomas & Battle, PLLC

Intentional Tort Legislation Damages Cap Passed in West Virginia Legislative Session 2023

In the 2023 West Virginia Legislative Session, new legislation was passed to cap damages in deliberate intent cases. House Bill 3270 amends West Virginia Code § 23-4-2 and the deliberate intent exception to the exclusive...more

Husch Blackwell LLP

Minnesota Repudiates Decades of Precedent for Survival and Wrongful Death Actions.

Husch Blackwell LLP on

On May 20, 2023, the Minnesota legislature amended Minnesota’s Survival of Claims and Wrongful Death statutes. The amendments extend a potential-defendant’s liability by: (1) allowing trustee-plaintiffs to maintain claims on...more

Steptoe & Johnson PLLC

Ohio Supreme Court Finds Portion of 2005 Ohio Tort Reform Legislation Unconstitutional as Applied to Permanent and Severe...

Steptoe & Johnson PLLC on

Almost 20 years ago, in 2005, the Ohio General Assembly passed tort reform legislation. Unlike previous attempts at tort reform in Ohio, this one survived constitutional challenge. Among other things, the legislation capped...more

Chartwell Law

New York Legislation Could Impact Pending Wrongful Death Litigation

Chartwell Law on

As part of our regular practice, Chartwell Law frequently monitors for legislation that could affect clients. As such, we wanted to bring to your attention pending legislation in New York that may affect the payment and...more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Misappropriation: Denial of Motion for Attorneys’ Fees under CUTSA is Not an Appealable Order

Whether a court order is appealable is often the first issue analyzed by appellate attorneys. An interlocutory order is an order issued by a court while a case is pending. These orders are not a final disposition of the case,...more

Sheppard Mullin Richter & Hampton LLP

California Enacts Law Requiring Certain Employers to Offer Open Positions to Laid Off Employees in the Travel and Hospitality...

As travel begins to resume in California, the Legislature has imposed additional stringent requirements on employers in the travel and hospitality industries. Beginning April 16, 2021, Senate Bill 93 will require employers in...more

White & Case LLP

California's New Reverse Payment Law Departs from Supreme Court Standard in FTC v. Actavis

White & Case LLP on

On October 7, 2019, California became the first state to enact legislation—Assembly Bill 824 ("AB 824")—rendering certain pharmaceutical patent litigation settlement agreements presumptively anticompetitive. This alert...more

Proskauer - Law and the Workplace

New Jersey Enacts Law Limiting Non-Disclosure Obligations in Settlement Agreements

On March 18, 2019, New Jersey Governor Phil Murphy signed into law Senate Bill 121, which prohibits nondisclosure clauses in settlement agreements relating to workplace discrimination, retaliation or harassment....more

Sunstein LLP

August 2018 IP Update - Massachusetts Trade Secret Protections Are About to Resemble Everyone Else’s. That Brings Changes that...

Sunstein LLP on

There is great value in the commercial predictability that comes when all states subscribe to a single uniform code. Massachusetts and New York had long been the only states not to have adopted the Uniform Trade Secrets Act...more

McAfee & Taft

New meaning to the Equal Pay Act’s promise of pay equity

McAfee & Taft on

“Pay equity” is quickly becoming a term every employer must understand. Never in its 25-year history have the principles of the Equal Pay Act (EPA) received so much attention. Courts have been examining the meaning of pay...more

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