Arkansas Supreme Court takes up tort reform
This morning, the Arkansas Supreme Court struck down as unconstitutional the phantom defendant provision and the billed v. paid provision of the tort reform act. It is a significant decision that heavily impacts the 2003 Civil Justice Reform Act. The opinion was written by Associate Justice Paul Danielson.
posted by Steve Harrelson @ 4/30/2009 11:14:00 AM | Permalink |
2 Comments:
Interestingly, many other courts have made similar rulings with respect to other tort reform laws. http://tinyurl.com/dztfm6 It strikes me that such laws are not only constitutionally questionable, but unnecessarily clogging our court dockets. Really, we should just do away with them and let people have their day in court--let juries decide, not legislatures.
Representative Harrelson, next time your on the hill you should hit me up. I have some questions about some future legislation.
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