Nevada’s $350,000 Cap on Noneconomic Damages Held Constitutional and...
By Alex Stein Bad news for Nevada’s victims of medical malpractice. This state’s Supreme Court upheld the constitutionality of the $350,000 cap on noneconomic damages as limiting recovery for all kinds...
View ArticleMedical Malpractice: The New Wave of Constitutional Attacks on Damage Caps
By Alex Stein About forty-five years ago, tort reforms took off and states have started capping compensation awards for victims of medical malpractice. The plaintiffs bar countered this initiative by...
View ArticleTort Reform in Oregon: Constitutional, After All?
By Alex Stein Three years ago, Oregon’s Supreme Court voided the state’s $500,000 cap on noneconomic damages for medical malpractice for violating the constitutional guarantee that “In all civil cases...
View ArticleCMS Prohibits Arbitration Clauses in Long-Term Care Facility Contracts
By Wendy S. Salkin On Wednesday, the Centers for Medicare and Medicaid (CMS)—an agency within the Department of Health and Human Services (HHS)—released a final rule that “will revise the requirements...
View Article“That I Don’t Know”: The Uncertain Futures of Our Bodies in America
By Wendy S. Salkin I. Our Bodies, Our Body Politic On March 30, at a town hall meeting in Green Bay, Wisconsin, an audience member asked then-presidential-hopeful Donald J. Trump: “[W]hat is your...
View ArticleFlorida Caps on Noneconomic Damages Held Unconstitutional
By Alex Stein STEIN on Medical Malpractice has published a survey of noteworthy court decisions in the field for 2017. This survey includes an important decision, North Broward Hospital District v....
View ArticleAnother Blow to Tort Reform in Florida: Statute Allowing Defendants in...
By Alex Stein STEIN on Medical Malpractice has recently published a survey of noteworthy court decisions in the field for 2017. This survey includes an important decision, Weaver v. Myers, 229 So.3d...
View ArticleThe Harms of Abortion Restrictions During the COVID-19 Pandemic
By Beatrice Brown Several states, including Texas, Ohio, and Alabama, have dangerously and incorrectly deemed abortions a non-essential or elective procedure during the COVID-19 pandemic. The stated...
View ArticleFraming the Digital Symposium – Global Responses to COVID-19: Rights,...
By Alicia Ely Yamin, Senior Fellow This digital symposium presents a pointillistic portrait of the spectrum of rights-related measures adopted in response to COVID-19 in dozens of countries around the...
View ArticleThe Constitutionality of Technology-Assisted Contact Tracing
Cross-posted from COVID-19 and The Law, where it originally appeared on December 1, 2020. By Dessie Otachliska The COVID-19 pandemic has posed an impossible set of choices for governments, forcing...
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