Tort Wars: The Calif. Legislature Strikes Back

Law360, New York (March 7, 2012, 1:06 PM EST) -- On Feb. 24, 2012, California Senate President Pro Tem Darrell Steinberg introduced a bill that aims to expand tort recoveries in California personal injury cases. Specifically, Senate Bill (SB) 1528 aims to overturn last year’s long-awaited California Supreme Court decision in Howell v. Hamilton Meats & Provisions Inc.

The issue in Howell was whether plaintiffs could recover, as a measure of economic damages, the previously negotiated amount that their insurers — and plaintiffs — were not obligated to pay medical providers for treatment. The Supreme Court...
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