Home » Tag Archives: tort reform (page 2)

Tag Archives: tort reform

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 decade-ago amid complaints that Mississippi ...

Read More »

Current tort damages cap statute likely to remain as-is

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 enough that it can withstand ...

Read More »

Damages cap issue not gone for good

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 Learmonth was awarded $4 million ...

Read More »

Read September 3 issue of MBJ

>> 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, has varied governmental experience by ...

Read More »

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 Co., asked the Mississippi high ...

Read More »

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 seeking damages stemming from the ...

Read More »

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 tort laws thrown into a ...

Read More »

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 non-economic damages and economic damages. ...

Read More »

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, this state had acquired an ...

Read More »

Tort Reform: Waiting game begins for damages cap fight

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<<<

Read More »