Tort reform could leave women shortchanged; damages for non-economic injuries, such as the loss of fertility, would be strictly limited

Article Abstract:

Tort reform bills in Congress threaten women disproportionately because women are more likely to suffer harm from products or medical procedures. Also, the bills would cap punitive damages and non-economic damages, which are more important to women because as a group they earn less than men. The uncertain scope of punitive damages cannot be factored into product costs, making them a more effective deterrent. Thus these so-called reforms would reinforce gender inequalities by enhancing the status of economic losses.

Social aspects, Laws, regulations and rules, Women, Political aspects, Tort reform, Limitation of damages, Limitations of damages

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Don't rely yet on the 'Gore' decision

Article Abstract:

Businesses celebrating the US Supreme Court's decision in BMW of North America v Gore should reconsider, jsut as the Court will eventually have to revisit the issue of punitive damages. The majority opinion cites three factors affecting whether a punitive award violates due process, and all three could haunt businesses. While 47% of all punitive damages come in commercial cases, few of these involve threats to health and safety, when higher punitives are warranted. Other aspects of the decision are explored.

Excessive fines clause (Law)

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In the year since the high court's landmark decision in 'BMW,' federal courts have reduced punitive damage awards more frequently than state courts

Article Abstract:

The federal courts have in the year since the 1996 decision in BMW of North America v. Gore applied more frequently than the state ones its constitutional challenges to punitive damages and have used the BMW guidelines to vacate or reduce punitive damages. This has happened in more than 40% of the cases applying BMW. Significant punitive damage awards involving physical safety were usually the ones to survive BMW challenges.

Personal injuries

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