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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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NHTSA Probes Fire Truck Recall  - Claims Journal 8/20/2014
Macy's to pay $650,000 in shopper-profiling probe  - MSN 8/20/2014
Caught Backsliding, Standard Chartered Is Fined $300 Million  - New York Times 8/20/2014
The Chevron Oil Pollution Case and the Limits of the U.S. Courts  - Businessweek 8/20/2014
Japanese auto parts maker NGK to plead guilty to price-fixing  - Reuters 8/20/2014
New federal mining rule survives court challenge  - Yahoo!Finance 8/20/2014
How to maximize a whistleblower case, part 1  - Inside Counsel 8/20/2014
BofA Accused of Rolling USA for $900 Million  - Courthouse News Service 8/20/2014
Prison company pays $8 million in back wages  - Yahoo!Finance 8/20/2014
Research: Effective corporate governance requires several strategies  - Inside Counsel 8/20/2014
Federal appeals court adds Wisconsin voter ID hearing  - The Milwaukee Journal Sentinel 8/20/2014
Spell-Check Patent Fight With Microsoft Advances  - Courthouse News Service 8/20/2014
Dodgers TV Row Fuels Unease Over Comcast-Time Warner Deal  - Bloomberg 8/20/2014
Attorney general sues State Farm over auto repairs  - Yahoo!Finance 8/20/2014
China investigates General Motors on monopoly issues  - Inside Counsel 8/20/2014

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