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Caps on Damages in Medical Malpractice Cases

The constitutionality of damage caps is an important issue for health-care providers, liability insurers, and attorneys who represent them.  Health-care provider groups and liability insurers see damage caps as an effective way of limiting their potential exposure, thereby making the cost of doing business more predictable.  However, states around the country continue to propose and to debate the need for damage caps as well as the constitutionality of the damage caps already in place.  These debates undermine the ability of legislatures to pass damage caps where they do not already exist and limit the effectiveness of the caps that are in place because health-care providers and liability insurers question whether the caps can be relied upon.

This article attempts to provide basic information about the nature of damage caps, a summary of the damage caps that are currently in place, and a summary of the most common constitutional challenges. 

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Build Relationships to Advance Women in the Law Better

To borrow a phrase, relationships matter.  We all know this in principle, but it is difficult to quantify meaningfully how much they matter.  The statistics on the status of women in law firms, however, may reveal something about the relationships that women lawyers have both inside and outside of their firms. 

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Reformation: Defenses in ERISA Individual Benefit Cases: <i>Reformation has recently emerged as a newly popular prayer for relief.  </i>

Reformation is defined as “[a]n equitable remedy by which a court will modify a written agreement to reflect the actual intent of the parties, usually to correct fraud or mutual mistake, such as an incomplete property description in a deed.  The actual intended agreement usually must be established by clear and convincing evidence.” Black’s Law Dictionary 1285 (7th ed. 1999).

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Zenimax adds Facebook to its suit against Oculus, expands allegations against social network  - Washington Business Journal 8/29/2014
Purported Cure-All Juice Maker Must Face Suit  - Courthouse News 8/29/2014
Oracle Offered Reduced Damages or Retrial in SAP Case   - Bloomberg 8/29/2014
Settlement Kills Kickup Over Google DoubleClick   - Courthouse News 8/29/2014
Seattle group sues Chiquita Brands over deceptive advertising  - Puget Sound Business Journal 8/29/2014
Affordable Care Act’s Latest Threat Nears Turning Point in Court   - Bloomberg 8/29/2014
Ferguson Police Accused in Suit of Using Excessive Force on Protesters   - Bloomberg 8/29/2014
New NFL policy imposes 6-game suspension for domestic or sexual assault, banishment for 2nd offense  - ABA Journal 8/29/2014
Report: Russian Hackers Attack 5 Big Banks, Steal Customer Data  - Insurance Journal 8/29/2014
Union Pacific to Share in $482M Cleanup, 9th Says  - Courthouse News Service 8/29/2014
Advice to Bankrupt MF Global Could Cost PwC $1Billion  - Claims Journal 8/29/2014
5 tips on how to get your software patents approved  - Inside Counsel 8/29/2014
Takeda, Lilly Lose Bid to Overturn $9 Billion Actos Award  - Bloomberg 8/29/2014
Big wins elusive for EPA in Clean Water Act showdowns  - E&E Publishing 8/29/2014
Texas School-Funding System Ruled Unconstitutional Again  - Bloomberg 8/29/2014

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