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2 posts from July 2005

July 27, 2005

Ha Ha - Pennsylvania Tort Reform Declared Unconstitutional

From Business Insurance:

"PHILADELPHIA—Pennsylvania's Commonwealth Court ruled Tuesday that a 2002 tort reform measure that limited joint and several liability was unconstitutional.

The court ruled that the so-called Fair Share Act, which business groups favored because it required greater use of proportional liability in awarding damages, violated a state law that each bill should address a single-subject. The tort reform measure was added to a bill related to DNA testing of offenders, according to the court decision."

It's rare that errors like this benefit the little guy.  I'm sure the legislature will make "fixing" this a top priority, but this still makes me chuckle.  I'd like to think it worked out this way because some tricky legislators agreed to tack it onto the DNA bill, knowing that it would be declared unconstitutional.  But that would require a degree of skill not often seen on the left side of the legislative aisle. 

July 15, 2005

Wisconsin Supreme Court Gets It Right

From Business Insurance:  (Their news alerts are awesome.)

In its decision Thursday in Matthew Ferdon vs. Wisconsin Patients Compensation Fund, a divided court ruled that the state's cap, currently $445,775, violated the equal protection guarantees of the state constitution.

While this eliminates the cap in only certain cases, it's a start.  If anyone has a copy of the decision, please send it my way.