noneconomic damages cap News

Church Group’s Opposition Surprises Advocates of Arkansas ‘Tort Reform’

So-called tort reform has been an easy sell in states controlled by Republicans, and backers of a lawsuit-limiting proposal on the ballot in Arkansas this fall expected little trouble winning passage until they ran into a surprising obstacle from a …

Ohio High Court Upholds Damages Cap for Woman Raped by Pastor as Teen

The Ohio Supreme Court on Wednesday rejected a request from a woman raped by a pastor when she was 15 to boost the amount of damages paid by the church where the minister worked. Attorneys for the woman and her …

Missouri House Approves Medical Malpractice Lawsuit Caps

The Missouri House gave initial approval Wednesday to a bill to reinstate limits on how much juries can award in noneconomic damages in medical malpractice cases against health care providers. Supporters said the limits, approved 101-53, are needed to make …

Debate Stalls on Missouri Liability Limits Legislation

An effort to reinstate Missouri’s cap on noneconomic damages in medical malpractice lawsuits stumbled Tuesday in the state Senate. Senators discussed the legislation for about eight hours and worked into night but did not reach a vote. Sen. Dan Brown, …

West Virginia Clarifies Limited Nursing Home Liability

The West Virginia legislature has moved to limit the liability that nursing homes can face in potential lawsuits. The bill passed unanimously Saturday by the House explicitly applies the state’s Medical Professional Liability Act to nursing homes. That 2003 law …

Mississippi State Courts Not Bound by Federal Court’s Ruling

The Fifth Circuit Court of Appeals’ decision that Mississippi’s $1 million cap on noneconomic damages arising from civil litigation does not violate the state constitution’s separation of powers clause does not necessarily mean state courts have to abide by the …

Missouri House Panel Considers Medical Liability Limits

Missouri health care providers are urging lawmakers to reinstate liability limits for medical malpractice cases after the state Supreme Court struck down the existing cap. A 2005 law had capped noneconomic damages at $350,000 and was part of a broader …

Mississippi High Court Declines to Address Tort Reform

The Mississippi Supreme Court says it does not have enough information to decide whether the state’s limit on noneconomic damages – as applied to a federal lawsuit – is constitutional. The 5th U.S. Circuit Court of Appeals in New Orleans, …

Missouri Court Overturns 2005 Cap on Liability Lawsuits

The Missouri Supreme Court has overturned a key provision in a Republican-backed “tort reform” law that limited the amount of money people could win in medical malpractice lawsuits. In a 4-3 decision Tuesday, the high court said the 2005 law …