Posts Tagged ‘tort reform’

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 […] [...]

Current tort damages cap statute likely to remain as-is

by Published: September 2,2012

Tags: judiciary, Mark Baker, Mississippi Supreme Court, tort reform

The Mississippi Supreme Court declined in late August to say whether the state’s $1 million cap on noneconomic damages in civil cases is constitutional. If and when the court takes up the matter in the future, justices will most likely be examining the same law then as they did recently. The current law is sound […] [...]

Damages cap issue not gone for good

by Published: September 2,2012

Tags: damages cap, Mississippi Supreme Court, tort reform

The Fifth Circuit Court of Appeals about a year and a half ago asked the Mississippi Supreme Court to decide if the state’s cap on noneconomic damages was constitutional. On Aug. 23, the state justices declined to do so. The question arose out of a personal injury lawsuit against Sears and Roebuck Co. Plaintiff Lisa […] [...]

Read September 3 issue of MBJ

by Published: August 31,2012

Tags: damages cap, Gulfport-Biloxi Airport, texting, tort reform

>> HURRICANE ISAAC Windpool, private insurer on coast confident they can handle risks— by Ted Carter Also in this week’s paper: >> TORT REFORM Damages cap issue not gone for good— by Clay Chandler >> TORT CONT. As next challenge forms, current cap statute likely to remain as-is— by Clay Chandler >>READY TO FLY New Gulfport-Biloxi Airport director, Clay Williams, […] [...]

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