A June 24, 2019 post at ThePopTort points out that the Supreme Courts of both Kansas and Oklahoma recently struck down damages cap statutes in their states. A related “fact sheet” provides a cogent summary of rulings on damages cap statutes. In short, caps remain common for medical malpractice statutes (24) but only 9 exist

A new study highlights an irony as to the value (or not) of damages caps in medical malpractice cases as a tool for adjusting the supply of physicians in geographic areas or medical specialities. The new study finds no empiric support for the caps, with high confidence intervals. There is irony in the report because

Advocates of damages caps in medical malpractice cases seldom, if ever, confront the gross unfairness of leaving on one person the economic burden of a medical error. That risk instead can and should be spread to many since actuaries say they can predict the general patterns of medical treatments and error rates, and can provide

Transparency as to class action damages is starting to move forward with respect to the NFL concussion litigation.  As previously noted, Judge Brody ordered counsel for the class and the NFL to put on the public record the actuarial data behind settlement proposals and negotiations.  The documents are available online at Paul Anderson’s NFLconcussionlitigation.com, in

A brief rant brought on by American Airlines failing to fly this morning to London. The usual song and dance – "equipment failure" and no back up plane available. So, because American cuts costs by not having backup planes, hundreds of people are now wasting a day, and wasting lots of money that had been

This August 27 press release from Abbott and Pfizer exemplifies another way science is changing and will over time create new legal issues as to remedies for tort claims. The pertinent part of the press release is quoted below; the gist is that the two are undertaking a joint effort to create a diagnostic test