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Interest groups ask Supreme Court to overturn tort law
LTC Liability Monitor, April 22, 2004
Arkansas' new tort reform legislation that limits damage awards in civil cases may have received a warm welcome from LTC providers and the state's business community-but not from advocates for nursing home residents, reported the Associated Press (AP).
A coalition petitioned the Supreme Court to declare the law unconstitutional, on the grounds the constitution prohibits this type of tort law without a constitutional amendment.
Additionally, an attorney representing the Arkansas Advocates for Nursing Home Residents and other groups told AP the law gives special treatment to nursing home directors, who could not be sued.
Groups in support of the legislation say similar laws have not fallen under constitutional challenges in other states.
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