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Lawsuits filed in anticipation of Mississippi tort reform

LTC Liability Monitor, September 1, 2004

Before the enactment of a law limiting jury awards in civil cases, some plaintiffs' attorneys in the state of Mississippi rushed to file lawsuits, the Associated Press (AP) reported.

Effective yesterday, civil lawsuits are subject to a $1 million cap on non-economic damages, and punitive damages are limited to a percentage of a defending company's net worth.

One law firm specializing in nursing home abuse cases filed at least six lawsuits during the past week in Hinds County. The majority of recent lawsuits filed in Bolivar County were also against nursing homes.

Although these represent a deviation from average monthly filings, many of the state's circuit clerks say the increase is nothing like the influx of suits filed in December 2002 prior to a bill capping damages in medical malpractice cases at $500,000 in January 2003, according to AP.

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