Posts Tagged ‘tort reform’

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, […] [...]

Court: Not enough info to make ruling on tort cap

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

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

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 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 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 […] [...]

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