Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Florida's Statutory Cap on Non-Economic Damages Deemed Unconstitutional
Two years passed from the time the Florida Supreme Court heard oral arguments in Estate of McCall v. United States of America, 2014 Fla. LEXIS 933 (Fla. Mar. 13, 2014), until announcement of its decision on March 13, 2014. During that time, multiple parties filed amicus curiae briefs on both sides of the case, developing an appellate record that reflected a broader controversy on which numerous appellate courts had reached markedly different conclusions. To review, Mrs. McCall was a military dependent who died in childbirth. The constitutionality of limits on medical malpractice awards, one of the benchmarks of conservative tort reform, had divided state and federal courts across the country.
Dissenting in the McCall decision, Chief Justice Ricky Polston cited decisions in the Third, Fourth, Fifth, Sixth, Ninth and Eleventh Circuits that upheld limitations on noneconomic damages in medical malpractice cases against equal protection challenges. Joining this group were state court rulings from California, Michigan, Missouri, Virginia and West Virginia. Standing with the McCall ruling in Florida are precedential decisions in Georgia, Illinois and Washington, among others. The McCall court had ample precedent on which to base its decision, but the course taken by the majority decision advanced significantly beyond the boundaries established in previously reported cases.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.