The Wisconsin Supreme Court in Ferdon v. Wisconsin Patients Compensation Fund back on July 15th. struck down a statutory cap on noneconomic damages in medical malpractice verdicts, being the third state to do so.
27 states have some sort of cap on noneconomic damages, but supreme courts in six of those states, according to a National Law Journal article on July 25th.(subscription), have struck them down. New Hampshire, Illinois, and now Wisconsin in medical malpractice cases; Oregon & Washington in personal injury instances; and Alabama for wrongful death.
The American Tort Reform Association, twice a year, publishes a report describing state enactments relating to tort reform. The current report was issued July 22nd., with a press release posted on their website.
Also perhaps here noteworthy was a Pennsylvania Commonwealth Court decision that stuck down that a 2002 tort reform measure limiting joint & several liability in that state. ( DeWeese v. Weaver). ATRA and the Insurance Journal both had postings on this.
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