Posts Tagged ‘tort reform’

Mississippi Supreme Court to hear case involving tort damage cap

JACKSON — The Mississippi Supreme Court is being asked to overturn a state judge’s ruling that a legislatively imposed cap on how much juries can award in non-economic damages is unconstitutional. Circuit Judge Charles Webster in Coahoma County issued the ruling in 2012 in a wrongful death lawsuit seeking damages in the death of a […] [...]

Tort reform has made a significant impact on Mississippi

A May 14 conference at the Jackson Convention Complex will spotlight the 10th anniversary of an overhaul of Mississippi’s civil justice system, an achievement business leaders say saved the state’s medical sector and polished the state’s image as a place to do business. What you won’t hear at the “Tort Reform: After Ten Years” seminar […] [...]

MBJ May 9th Digital Edition

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Alabama court ruling could boost Mississippi’s business recruitment

A recent ruling by the Supreme Court of Alabama could threaten to roll back some of the principles of that state’s tort reform efforts. It could also give Mississippi an advantage when the two states are pursuing the same economic development projects. Innovator liability is the theory the Alabama court’s decision codified. It essentially allows […] [...]

Read March 8 issue of MBJ

>>TORT REFORM Damages cap ruling could invite another challenge- by Clay Chandler Also in this week’s paper: >> CONVENTIONS Face-lift sought for Coliseum in Jackson, Trade Mart must soldier on without upgrades- by Ted Carter >> GULF COAST Gulfport engineer Frank Wilem hosts TV show, fishes, writes techno-thriller >>KEEPING OUR EYE ON Jordan Downs, policy adviser to […] [...]

State courts not bound by federal court’s cap 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 ruling. The cap was considered the centerpiece of tort reform, with supporters saying it would […] [...]

Damages cap ruling could invite another challenge

The Fifth Circuit Court of Appeals ruled in late February that Mississippi’s $1 million cap on non-economic damages arising from civil litigation does not violate the state constitution’s separation of powers clause. The appeals court issued the ruling in response to the Mississippi Supreme Court’s decision not to rule on the matter last summer. The […] [...]

Debate should continue about tort awards and limitations

In a recent story by Clay Chandler, a federal appeals court has ruled that Mississippi’s tort cap does not violate separation of powers A three-judge panel of the Fifth Circuit Court of Appeals ruled that Mississippi’s $1 million cap on non-economic damages arising out of civil litigation does not violate the state’s constitutional separation of […] [...]

Appeals court rules state’s tort cap doesn’t violate separation of powers

by Published: March 1,2013

Tags: legal, litigation, plaintiffs, tort reform

A three-judge panel of the Fifth Circuit Court of Appeals has ruled that Mississippi’s $1 million cap on non-economic damages arising out of civil litigation does not violate the state’s constitutional separation of powers. The question arose out of a personal injury case in federal court in Aberdeen. Plaintiff Lisa Learmonth was involved in a […] [...]

Tort reform case will probably have to wait until 2013

JACKSON — Resolution of a long-running Mississippi personal injury lawsuit that challenges the constitutionality of a portion of the state’s tort laws is not expected before next year. The lawsuit, first filed in the federal court in 2006, contends Mississippi’s $1 million cap on non-economic damages is unfair. The cap was put into place a […] [...]

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