By Steve Brawner, © 2018 by Steve Brawner Communications, Inc.
There’s an expression sometimes used in politics: Go big or go home. With Issue 1, the tort reform amendment, the Arkansas Legislature went very big. And at the moment, that amendment is in serious danger of being sent home either by the courts or by the voters.
The wide-ranging measure would make major changes to the state’s legal system. It would limit “non-economic” (pain and suffering) lawsuit awards to $500,000. It would limit punitive damage awards meant to punish and deter wrongdoing to $500,000 or three times compensatory damage awards, whichever is greater. There wouldn’t be a limit if the defendant intentionally caused the harm. The amendment also would limit attorneys’ contingency fees to one-third the net amount awarded their clients. And it would enable the Legislature to override rules made for the state’s courts by the Arkansas Supreme Court.
Legislators referred the measure to the ballot during the 2017 session. Powerful groups support it, including the Arkansas State Chamber of Commerce, the Arkansas Hospital Association and the Arkansas Health Care Association, which represents nursing homes. Naturally, the trial lawyers oppose it.
Huge amounts of money are at stake for both sides. Therefore, huge amounts will be spent on this issue both for and against. Continue reading Lawsuit limits trailing in courts, poll