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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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Judge Rebukes Whistleblower’s $265B Claim Against BP Over Gulf Safety  - Insurance Journal 8/22/2014
Wearable Device for Weight Loss Or Unbearable Loss of Privacy?  - Insurance Journal 8/22/2014
3 trademark controversies brewing in the sports world  - Inside Counsel 8/22/2014
How the Senate reshaped the courts  - Politico 8/22/2014
BofA Seeks to Prove Buffett Right After U.S. Settlement  - Bloomberg 8/22/2014
Apple Denied Fees After Samsung Trade-Dress Win  - Courthouse News Service 8/22/2014
Obamacare challengers to D.C. Circuit: Let Supreme Court decide where subsidies should flow  - The Washington Times 8/22/2014
Crash Victims Can't Sue Aircraft Maker in Calif.  - Courthouse News Service 8/22/2014
Over 40 companies involved in content delivery join Unified Patents to fight patent trolls  - Inside Counsel 8/22/2014
Tips on Avoiding Bad Faith Landmines During Trial  - Claims Journal 8/22/2014
BP Atlantis $256 Billion Whistle-Blower Case Dismissed  - Bloomberg 8/22/2014
China charges 12 Japanese auto parts manufacturers with violations of antitrust law  - Inside Counsel 8/22/2014
NCAA Appeals O'Bannon Injunction  - Courthouse News Service 8/22/2014
DuPont Files Lawsuit Saying SunEdison Infringed on Solar Patent  - Bloomberg 8/22/2014

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