Sunday, August 15, 2021

Missouri Supreme Court upholds statutory cap on non-economic damages

I am not happy to report that the Missouri Supreme Court appears to have dropped its hostility towards tort reform. This past July, it upheld a statutory cap on noneconomic damages for actions against health care providers, finding that the cap does not violate one’s right to a jury trial under the Missouri Constitution. See Ordinola v. Univ. Physician Assoc., — S.W.3d –, 2021 WL 3119063 (Mo. July 22, 2021). This ruling most likely brings to an end a decades-long, contentious battle between the Missouri General Assembly and the Missouri Supreme Court over the imposition of statutory caps.  

The Washington Legal Foundation has commentary and analysis here.