Noneconomic Damages Reform: AM Sub SB 80 (2004).
Limits noneconomic damages in cases involving noncatastrophic injuries to the
Limits noneconomic damages in cases involving noncatastrophic injuries to the greater of $250,000 or three times economic damages up to $350,000, per plaintiff, with a maximum limit of $500,000 per occurrence. Limits applied to all cases but medical liability cases. Specifies that juries may not consider the following when determining noneconomic damages: (1) evidence of a defendant’s alleged wrongdoing, misconduct or noneconomic guilt; (2) evidence of the defendant’s wealth or financial resources; (3) all other evidence that is offered for the purpose of punishing the defendant. Finally, S.B. 80 specifies procedures and guidelines, based on ALEC’s Full and Fair Noneconomic Damages Act, for trial courts to review (upon a motion) noneconomic damages awards.
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]
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