Posts Tagged ‘tort’

Judge upholds state’s tort cap, but criticizes law

by Associated Press Published: June 23,2013

Tags: award, damages, decision, hospital, judge, judicial, judiciary, justice, law, legal, medical, medicine, tort, tort cap, tort reforn, wrongful death

JACKSON — A federal judge has upheld Mississippi’s cap of $500,000 on noneconomic damages in medical malpractice cases. The ruling came in a wrongful death lawsuit filed by the family of a woman and her unborn baby who died after being denied potential lifesaving treatment at a hospital on the Choctaw Reservation in Neshoba County. […] [...]

Appeal of lawsuit against ‘King of Torts’ authors reinstated

by Associated Press Published: March 15,2013

Tags: agenct, appeal, author, bench, blog, book, case, court, judicial, judoiciary, justice, law, law enforcement, lawsuit, legal, media, prosecutor, tort, trial

JACKSON — The Mississippi Supreme Court has reinstated the appeal of a lawsuit against a former federal prosecutor and a political blogger over a book they co-wrote about the judicial corruption case involving former attorney Richard “Dickie” Scruggs. In 2011, FBI agent Hal Neilson sued authors Tom Dawson and Alan Lange and a publishing company. […] [...]

Governor weighs in on tort reform; files documents

JACKSON — Gov. Phil Bryant says scrapping Mississippi’s tort reform laws would hinder economic development and cost the state the jobs that it brings. He makes the argument in new court papers that ask a federal court to uphold the constitutionality of a $1 million cap on non-economic damages. The lawsuit, first filed in 2006, […] [...]

Tort reform case will probably have to wait until 2013

by Associated Press Published: November 13,2012

Tags: appeal, bench, cap, constitutionality, court, damage, judge, judicial, judiciary, justice, law, legal, tort, tort reform

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 […] [...]

Ex-USM instructor files lawsuit with multiple allegations

HATTIESBURG — A former University of Southern Mississippi faculty member has brought numerous civil claims against the university, asking for reinstatement and unspecified actual and compensatory damages in a lawsuit removed to U.S. District Court. The Hattiesburg American reports Bonnie Gerald also lists former university president Martha Saunders, former provost Robert Lyman and faculty members […] [...]

Judge considers arguments in damage cap lawsuit

by Associated Press Published: August 30,2012

Tags: appeal, bench, cap, court, damage, injury, judge, judicial, judiciary, law, noneconomic, reform, tort

NEW ORLEANS — Each side in a Mississippi tort case has urged a federal appeals court to decide in its favor. The Mississippi Supreme Court ruled last week 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 […] [...]

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 […] [...]

Mississippi Valley Silica appeals judge’s damage ruling

by Associated Press Published: February 2,2012

Tags: appeal, bench, courts, damages, death, health, judge, judicial, judiciary, law, product liability, sandblasting, silica, tort, worker

JACKSON — Mississippi Valley Silica Co. has argued that a trial judge’s rulings prevented it from presenting an adequate defense of a damage lawsuit. The company yesterday asked the Mississippi Supreme Court to throw out the $7.6 million award to the family of Robert Eastman. Eastman claimed he sustained irreparable lung damage from silicosis caused […] [...]

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 […] [...]

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