Civil Litigation
Mar. 27, 2019
MICRA’s ‘cap’ comports with right to a jury trial under 7th
Despite recent reports, MICRA’s cap on noneconomic damages passes muster under the 7th Amendment right to a civil jury trial.
Fred J. Hiestand
General Counsel
Fred J. Hiestand, APC
Phone: (916) 448-5100
Email: fred@fjh-law.com
Does the U.S. Supreme Court's recent holding that Indiana's civil in rem forfeiture statute violates the Eighth Amendment's excessive fines clause (Timbs v. Indiana, 39 S. Ct. 682 (2019)) portend the demise of California's $250,000 lid on recoverable noneconomic damages in medical malpractice actions (Civ. Code Section 3333.2)?
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