Arkansas Supreme Court strikes "Tort Reform" constitutional amendment from ballot [View all]
The Arkansas Supreme Court today struck a proposed constitutional amendment passed by the GOP Legislature. The proposal would have capped damages for "non-economic" damages, punitive damages and limited attorney contingency fees. The real propose of the proposed amendment was to strip the power to make rules of procedure and evidence from the Supreme Court and give that power to the Legislature.
The Supreme Court did not address the merits of the proposed amendment. Instead the Court ruled the proposed amendment violated a requirement of the Arkansas Constitution that a proposed amendment can address only one issue. As described, the amendment addressed multiple issues. Nevertheless, the decision is a victory for the rights of individuals over big business and a loss for the GOP Legislature.
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