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Widener Univ. School of Law

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Friday, February 28, 2014

Tort Reform in the Midwest

Earlier this month, I reported that a $350K med mal cap on non-economic damages was voted out of committee in the Missouri House.  The full House has now given the bill preliminary approval; one more positive vote will send it to the Senate.  OzarksFirst.com has the story.

Meanwhile, in Kansas, legislation advanced in the Senate that would raise that state's cap on non-economic damages in personal injury cases from $250K to $300K in July, $325K in July 2018, and $350K in July 2022.  As part of a compromise, other changes would be implemented, including giving judges discretion to limit testimony from purported experts and allowing juries to consider whether people suing over their injuries have insurance or other forms of compensation.  The cap change proposals were spurred by statements from the Kansas Supreme Court that it was troubling the cap had not been adjusted for inflation since its passage in 1988.  The San Francisco Chronicle has the story

--CJR

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