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Parts Of Tort Law Unconstitutional: Ark. High Court

Law360 (April 30, 2009, 12:00 AM EDT) -- The Supreme Court of Arkansas has overturned two provisions of state tort law, finding that one limiting the liability of nonparties and another dictating what medical expenses can be presented at trial are unconstitutional.

In his ruling on two certified questions on Thursday, Judge Paul E. Danielson found the nonparty-fault and medical-costs provisions violated the state’s separation-of-powers doctrine.

“It is clear to this court that the Legislature has, without regard to this court’s ‘rules of pleading, practice and procedure,’ established its own procedure by which the...
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