Debate Heats Over Personal Injury Damages Caps

Law360, New York (January 2, 2008, 12:00 AM EST) -- As oversized payouts in personal injury lawsuits continue to come under fire, courts are debating the constitutionality of damages caps to limit the amount plaintiffs can reap for pain and suffering.

Late last week, two state supreme courts issued divergent rulings on the issue, further stoking the controversy.

The Ohio Supreme Court upheld the constitutionality of a state law limiting the amount of pain-and-suffering damages a person can collect in tort lawsuits, while the Oregon Supreme Court ruled that a damages-caps state statute as applied to...
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