Challenging the Alleged Fairness and Constitutionality of Damage Caps
In an article posted by a consumer advocate at the Center for Justice and Democracy, the author provides a couple of examples demonstrating the unfair and tragic consequences that can result when damage caps are applied to verdicts. Also, the author discusses a number of appeals being heard in various state courts, in which the constitutionality of damage caps is being challenged. The constitutionality issue is not about whether damage caps are reasonable. Rather, the issue is whether a legislature has the authority to impose any limits, when such limits serve to deny a victim from receiving full compensation for injuries received.
The article can be viewed by clicking the following link: http://www.thepoptort.com/2012/05/caps.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Thepoptort+%28The+Pop+Tort%29