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Civil Litigation

Mar. 27, 2019

MICRA’s ‘cap’ comports with right to a jury trial under 7th

Despite recent reports, MICRA’s cap on noneconomic damages passes muster under the 7th Amendment right to a civil jury trial.

Fred J. Hiestand

General Counsel
Fred J. Hiestand, APC

Phone: (916) 448-5100

Email: fred@fjh-law.com

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Does the U.S. Supreme Court's recent holding that Indiana's civil in rem forfeiture statute violates the Eighth Amendment's excessive fines clause (Timbs v. Indiana, 39 S. Ct. 682 (2019)) portend the demise of California's $250,000 lid on recoverable noneconomic damages in medical malpractice actions (Civ. Code Section 3333.2)? $95

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