Miss. court sets deadline in damage caps case

Lawyer Blogs

The Mississippi Supreme Court has asked parties in a federal lawsuit to file briefs by Feb. 28 on whether a state law that limits non-economic damages in civil cases is constitutional.

The issue was raised by the 5th U.S. Circuit Court of Appeals in New Orleans in January. The 5th Circuit asked the Supreme Court about the constitutionality of the law before it rules in a case involving a traffic accident.

The law on non-economic caps puts a $1 million limit on what juries can award someone for such things as pain and suffering. The limits on damages were adopted by Mississippi lawmakers after years of contentious wrangling over tort reform.

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Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

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