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Busch v. McMinnis Waste Systems
(Or., filed October 24, 2019): Arguing that the state’s statutory limit on noneconomic damages is constitutional. Upholding the state’s statutory limit is consistent with the court’s respect for the legislature’s role in shaping the civil justice system. Noneconomic damage limits respond to a rise in pain and suffering awards and their unpredictability.
On July 9, 2020, the Oregon Supreme Court ruled that the statute violated the Oregon Constitution’s Remedy Clause.
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