After Horton—Damages Caps and the Remedy Clause
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Date
2018-04-10
Authors
Hallman, W. Eugene
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
The cap on noneconomic damages of ORS 31.710(1) was declared unconstitutional in 1999 as a violation of the right to a jury trial under article I, section 17, of the Oregon Constitution. Lakin, in turn, was overruled by Horton v. Oregon Health & Science University. With the removal of the jury trial underpinnings of Lakin, the constitutionality of noneconomic damages caps is again in play.
Description
14 pages
Keywords
Liability, Damages, Oregon Constitution
Citation
96 OR. L. REV. 585