Posts Tagged ‘tort reform’

Court: Not enough info to make ruling on tort cap

by Associated Press Published: August 24,2012

Tags: bench, cap, courts, damages, decision, judge, judicial, judiciary, justice, ruling, tort, tort reform

JACKSON — 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, which is considering an appeal of a damage award against Sears, Roebuck and […] [...]

State judge declares tort cap unconstitutional; criticizes Legislature

CLARKSDALE — A state judge in Coahoma County has declared a legislatively imposed cap on non-economic damages unconstitutional. Circuit Judge Charles Webster issued the ruling April 20 in a 14-page opinion. He criticized the Legislature for intruding into judicial authority. Webster’s ruling came in a motion filed by Cleveland attorney Ralph E. Chapman in lawsuit […] [...]

Legislators seem unconcerned about growing tort reform cases

by Associated Press Published: January 30,2012

Tags: attorneys, caps, constitutionality, courts, damage, judges, judicial, judiciary, law, lawyers, personal injuries, tort reform, torts

JACKSON — As the number of tort reform cases before the Mississippi Supreme Court keeps growing, state lawmakers don’t seem quite as concerned about the court’s rulings as are Mississippi’s legal and corporate communities. The deadline to file bills for consideration in the Legislature’s 2012 session is Feb. 20. That’s plenty of time to get […] [...]

Court wants more information in tort cap cases

by Associated Press Published: October 17,2011

Tags: courts, economic damages, judicial, judiciary, law, lawsuits, non-economic damages, state law, tort, tort reform

JACKSON — The Mississippi Supreme Court has asked attorneys for more information as it considers whether the state’s limitation on damages in civil cases is constitutional. In an order last month, the court asked attorneys for Sears, Roebuck and Co., and for plaintiff Lisa Learmonth to explain why a Mississippi jury failed to distinguish between […] [...]

MBJ Editorial: Lifting the cap would be a bad economic move for state

Mississippi’s Supreme Court has been asked to decide whether it’s constitutional to limit how much a jury can award to an injured plaintiff in a lawsuit. How the court decides could have a huge impact on both economic development and medical services. Before Mississippi enacted two series of tort reforms less than a decade ago, […] [...]

Tort Reform: Waiting game begins for damages cap fight

by Clay Chandler Published: June 20,2011

Tags: tort reform

The Mississippi Supreme Court last week heard oral arguments about the constitutionality of the state’s $1 million cap on non-economic damages in civil cases. It’s a case whose decision will affect with equal extreme Mississippi’s business community and its plaintiffs’ bar. >>>SEE COMPLETE STORY<<< [...]

Supreme Court begins mulling tort caps

by Associated Press Published: June 14,2011

Tags: courts, damages, law, lawsuit, tort, tort reform

JACKSON — The Mississippi Supreme Court has scheduled arguments today on the question of whether a state law that limits non-economic damages in civil cases is constitutional. The lawsuit between Sears, Roebuck & Co. and Lisa Learmonth is pending before the 5th U.S. Circuit Court of Appeals in New Orleans. The 5th Circuit has withheld […] [...]

Tort to be tested by Supreme Court

The Mississippi Supreme Court will hear arguments June 14 on the constitutionality of the state’s $1 million cap on punitive damages in civil jury awards. The argument arose after the Fifth Circuit Court of Appeals certified the question of the cap’s constitutionality to the Mississippi court. The Fifth Circuit sent the question to the state […] [...]

Barbour files legal brief concerning damage caps

by Wally Northway Published: March 2,2011

Tags: courts, lawsuits, state government, tort reform

JACKSON — The Mississippi Legislature has the right to enact caps on non-economic damages awarded in lawsuits, Gov. Haley Barbour said in a legal brief filed Monday with the Mississippi Supreme Court. The limit on lawsuit awards and other tort reform initiatives “have cleaned up Mississippi’s image as a ‘judicial hellhole’ with outrageous monetary awards,” […] [...]

Court asks for briefs in Learmonth’s damage cap case

by Associated Press Published: February 14,2011

Tags: courts, damages, tort reform

JACKSON — The Mississippi Supreme Court has asked parties in a federal lawsuit to file briefs by Feb. 28 on whether a state law that limits non-economic damages in civil cases is constitutional. The issue was raised by the 5th U.S. Circuit Court of Appeals in New Orleans in January. The 5th Circuit asked the […] [...]

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