Nevada upholds compensation cap

Jurisdictions continue to rule differently when it comes to the constitutionality of legislative caps on compensation for non-economic injuries.  Some, including Illinois, have found them unconstitutional.  Others, most recently Nevada, have rejected that position.

As reported in the TortsProf blog, a few days ago, the Nevada Supreme Court unanimously upheld the state's $350,000 med mal cap on non-economic damages.  A lower court had ruled the cap violated the constitutional right to trial by jury.  The court also overturned the lower court's holding that the cap applies separately to each plaintiff and each defendant.  The Las Vegas Review-Journal has the story.