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Thursday, March 13, 2014

Florida Supreme Court Declares Caps on Noneconomic Damages Unconstitutional

In an opinion released today (see link below), the Florida Supreme Court declared caps on noneconomic damages to be unconstitutional in wrongful death, medical malpractice cases on equal protection grounds under the Florida Constitution.  The case is Estate of McCall v. United States, No. SC11-1148 (Fla. Mar. 13, 2014).  It was a certified question from the Eleventh Circuit Court of Appeals.

http://www.floridasupremecourt.org/decisions/2014/sc11-1148.pdf

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