Tort Reform News

9th Circuit: Wash. Law on Malpractice Suits Doesn’t Apply

A Washington state law that requires plaintiffs to file a declaration declining arbitration when filing a medical malpractice suit does not apply in federal courts, the 9th Circuit Court of Appeals ruled. The appellate panel reversed a decision by the …

Calif. Supreme: Malpractice Damage Cap Protects Unsupervised Physician Assistants

California’s $250,000 cap on non-economic damages in medical malpractice lawsuits applies to actions by physician assistants even if they are not properly supervised by a licensed physician, the California Supreme Court ruled. In a decision Thursday, the high court rejected …

COVID-19 Immunity Proposal Flounders in Tennessee

NASHVILLE, Tenn. — Just a few weeks ago, Tennessee looked like a sure bet to become the latest state to protect businesses and other organizations from lawsuits by people impacted by the coronavirus in the push to reopen the economy. …

Republican Lawmakers Add Mistake in Signature Business Bill

BATON ROUGE, La. — After a last-minute scramble to pass the business lobby’s top priority for the regular session, Republican legislators quickly realized they mangled the language of the bill aimed at limiting damage claims against insurance companies in car …

GOP Lawmakers Look to Limit Car Accident Claims in Louisiana

BATON ROUGE, La. — Louisiana’s Republican lawmakers Tuesday advanced proposals to limit damage claims against businesses in car wreck lawsuits, pushing ahead with the pre-coronavirus priority as Democrats argued the debate was inappropriate amid a pandemic. House and Senate committees …

Top 10 ‘Judicial Hellholes’ for 2020 Named by Tort Reform Group

It’s out: the annual report by tort reform advocates of what they say are the nation’s worst local courts and states that are abusing the civil justice system. The report also warns of state courts that did not make the …

Louisiana Republicans Want to Enact New Limits on Lawsuits

BATON ROUGE, La. — After an election season in which conservative Republicans made Louisiana’s high car insurance rates a campaign issue, GOP lawmakers expect efforts to try to limit damages awarded in car wreck lawsuits to be front and center …

Kansas Supreme Court Strikes Down Cap in Injury Cases

TOPEKA, Kan. — The Kansas Supreme Court on Friday ruled that the state’s cap on damages for noneconomic injuries in personal injury lawsuits is unconstitutional. The court ruled 4-2 that capping damages an injured person is able to recover in …

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 …

Missouri Legislation Would Limit Insurance Carrier Liability Settlements

A bill on Gov. Eric Greitens’ desk would limit how much money insurance companies would have to pay after accidents. The proposal affects cases where multiple people are owed money from an insurance company, such as after a car accident …