Tag Archive: unconstitutional

Caps on damages found to be unconstitutional

The Atlanta Journal constitution wrote a story about a Georgia Judge finding tort reform caps to be unconstitutional.  The cap on monetary awards in a medical malpractice case was found to be unconstitutional. Superior Court Judge Marvin Arrington wrote in an order that the legislative cap of $350,000 for noneconomic damages such as pain and suffering

Tort reform measures cause absurd results.

The West Virginia Supreme court recently discussed how pre-suit notice and expert affidavit creates absurd results. This is very important since South Carolina passed similar legislation 2 years ago.  The article was written by Justin D. Anderson for Daily Mail Capitol Reporter. Supreme Court Justice Larry Starcher wrote  “I dissent to express my hope that,

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