News & Analysis as of

Tort Reform Damage Caps

Baker Donelson

Right Sizing Nuclear Verdicts: Reforming Tort Litigation in Texas

Baker Donelson on

In the late 1990s and early 2000s, Texas was the beneficiary of sweeping tort reform legislation, particularly in medical malpractice cases. The Medical Malpractice and Tort Reform Act of 2003 capped damages for those...more

Arnall Golden Gregory LLP

Amicus Brief Filed Urging Georgia Supreme Court to Uphold Wrongful Death Award Statutory Cap

On behalf of two of the state’s largest healthcare associations — the Georgia Hospital Association (“GHA”) and the Medical Association of Georgia (“MAG”) — AGG Healthcare attorneys Jason Bring, Jerad Rissler, and Lisa Churvis...more

Husch Blackwell LLP

Ohio Supreme Court Decision Potentially Alters the Application of Damages Caps in Ohio

Husch Blackwell LLP on

On December 16, 2022, the Ohio Supreme Court issued a ruling in Brandt v. Pompa that may call into question the applicability of Ohio’s non-economic damages cap in future tort actions. Under tort reform enacted in Ohio in...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

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

GOP campaigning to strip patients of key legal protections

We all know how con artists work the streets. One might bump into you in a train or in a crosswalk, while the other grabs your wallet. Or one might smile and chat with a mom at a playground, while her partner nabs the purse....more

Faegre Drinker Biddle & Reath LLP

It’s an Election Year, So It’s Time for a Tort Reform Bill & Snappy Acronym

If it’s an election year, it must be time for someone in Congress to propose a tort reform bill and to come up with a snappy acronym—the more tortured, the better. And Rep. Trent Franks (R-Ariz.) has done just that, with...more

Butler Snow LLP

The Question Remains Unanswered: Tennessee Supreme Court Rules that Ripeness Doctrine Precludes a Decision on the...

Butler Snow LLP on

Commonly known as “Tort Reform,” the Tennessee Civil Justice Act of 2011 (the Act”), Tenn. Code Ann. 29-39-101 et seq., limits the amount an injured plaintiff may recover for non-economic damages to a cap of $750,000 (except...more

Butler Snow LLP

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

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

Butler Snow LLP

The Roof Is On Fire: Trial Court Finds Tennessee Non-Economic Damages Cap Unconstitutional

Butler Snow LLP on

Just four years ago, the Tennessee legislature passed the Civil Justice Act of 2011, making it the latest in a growing number of states to statutorily cap the maximum amount of non-economic damages available to plaintiffs in...more

Burr & Forman

Tennessee Tort Reform Ruled Unconstitutional

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

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