Supreme Court knocks down another 'tort reform' rule | Arkansas Blog

Thursday, January 19, 2012

Supreme Court knocks down another 'tort reform' rule

Posted By on Thu, Jan 19, 2012 at 9:17 AM

The Arkansas Supreme Court knocked down another part of the so-called tort reform law today.

In a Sebastian County case alleging malpractice in treatment of a burn, the court said the legislature had violated the separation of doctrine powers by specifying who could be considered an expert in medical malpractice cases. The law specified that an expert had to be a specialist in the same field as the defendant. The court said that provision also violated the "inherent authority" of the court to protect the rights of litigants.

The court reversed a summary judgment for a Fort Smith hospital and two doctors and sent it back for trial.

Here's the decision. Chief Justice Jim Hannah wrote it and there was no dissent. The opinion said the court had set its own rules for admission of expert testimony. It said the legislature made a procedural, rather than substantive, change in the law, and that was outside the legislature's power.

Tags: , ,

From the ArkTimes store

Favorite

Comments (6)

Showing 1-6 of 6

Add a comment

 
Subscribe to this thread:
Showing 1-6 of 6

Add a comment

More by Max Brantley

  • Trump launches attack on 'SOBs' of the NFL

    Donald Trump led a rally for Alabama Senate candidate Luther Strange Friday night and the resulting news coverage (if not in our local newspaper) is giving great attention for his rant against the NFL, including but not limited to players who have made political statements by taking a knee during the National Anthem.
    • Sep 23, 2017
  • Driver killed in crash with Maumelle officer

    Maumelle police report the death early this morning of a motorist who crashed head-on with a Maumelle police officer. The officer and two passengers in the other vehicle were injured.
    • Sep 23, 2017
  • Walmart lawyer picked for U.S. attorney in western Arkansas

    Donald Trump has nominated Duane "Dak" Kees,  director of global ethics and compliance at Walmart Stores, to be U.S. attorney for the western district of Arkansas. It has been filled on an interim basis by a career lawyer in the office.
    • Sep 22, 2017
  • More »

Readers also liked…

  • Judge Griffen: Why black lives matter

    Another few words from Judge Wendell Griffen growing from the controversy over the sale of Black Lives Matter T-shirts at the state black history museum — removed by the administration and restored after protests from Griffen and others stirred by a story in the Arkansas Times:
    • Mar 13, 2016
  • Trump immigration protest at LR: Quick and fierce

    It was not even 24 hours ago that Sophia Said, director of the Interfaith Center; City Director Kathy Webb and others decided to organize a protest today of Donald Trump's executive order that has left people from Muslim countries languishing in airports or unable to come to the US at all — people with visas, green cards,a  post-doc graduate student en route to Harvard, Google employees abroad, families. I got the message today before noon; others didn't find out until it was going on. But however folks found out, they turned out in huge numbers, more than thousand men, women and children, on the grounds of the state Capitol to listen to speakers from all faiths and many countries.
    • Jan 29, 2017
  • Judge anticipates punishment of lawyers in Fort Smith class action case

    Federal Judge P.K. Holmes of Fort Smith issued a 32-page ruling yesterday indicating he contemplates punishment of 16 lawyers who moved a class action lawsuit against an insurance company out of his court to a state court in Polk County after a settlement had been worked out.
    • Apr 15, 2016

Most Shared

  • ASU to reap $3.69 million from estate of Jim and Wanda Lee Vaughn

    Arkansas State University announced today plans for spending an expected $3.69 million gift in the final distribution of the estate of Jim and Wanda Lee Vaughn, who died in 2013 and 2015 respectively.
  • Bad health care bill, again

    Wait! Postpone tax reform and everything else for a while longer because the Senate is going to try to repeal and replace the Affordable Care Act one more time before September ends and while it can do it with the votes of only 50 senators.
  • Sex on campus

    Look, the Great Campus Rape Crisis was mainly hype all along. What Vice President Joe Biden described as an epidemic of sexual violence sweeping American college campuses in 2011 was vastly overstated.
  • The inadequate legacy of Brown

    LRSD continues to abdicate its responsibility to educate poor black students.

Most Viewed

  • Trump launches attack on 'SOBs' of the NFL

    Donald Trump led a rally for Alabama Senate candidate Luther Strange Friday night and the resulting news coverage (if not in our local newspaper) is giving great attention for his rant against the NFL, including but not limited to players who have made political statements by taking a knee during the National Anthem.
  • Legislature itches for more control over 'independent' agencies

    Michael Wickline of the Arkansas Democrat-Gazette reports this morning on growing tension over the legislature's effort to exert more control over the state's constitutionally independent agencies. The immediae target is the Game and Fish Commission, but it's a sprawling dispute over balance of powers.

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation