Missouri, Georgia Supreme Courts Rule On Challenges To Noneconomic Damages Caps

(Mealey’s) The Missouri Supreme Court on March 23 held that caps on noneconomic damages in medical malpractice cases cannot be applied to cases filed before a law setting the limits took effect in 2005; the ruling came a day after the Georgia Supreme Court declared that state’s caps unconstitutional...

Personal Injury Litigator Margie Searcy Alford On Jarrett v. Jones

In this Emerging Issues commentary, personal injury litigator and author Margie Searcy Alford reviews the Missouri Supreme Court decision in Jarrett v. Jones , 258 S.W.3d 442 (Mo. 2009) . The court held that a direct victim of an accident may recover emotional distress damages for observing the injury...

Court: New Evidence For Punitive Damages Was Not Precluded By Remand

JEFFERSON CITY, Mo. — (Mealey’s) Saying that a trial judge did not err by allowing new mitigating evidence to be presented to a jury considering the amount of punitive damages on remand, the Missouri Supreme Court on Sept. 10 affirmed a $1.5 million judgment in a long-running tobacco wrongful...