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.
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.
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).