Legal Newsline

Wednesday, April 8, 2020

Kansas intervenes in civil case to defend constitutionality of state's cap on non-economic damages

By Mark Iandolo | Apr 2, 2018

Shutterstock 376319674

TOPEKA, Kan. (Legal Newsline) — Kansas Attorney General Derek Schmidt announced March 26 that he has filed a brief with the Kansas Supreme Court arguing that the state’s cap on non-economic damages in civil lawsuits is not a violation of the U.S. or Kansas constitutions.

Schmidt’s office is intervening in a lawsuit between two parties so that he can defend the state’s damages-cap statute. He can do so because Kansas passed a law in 2016 stating that the state’s attorney general must be given notice and must be allowed to appear in court when the constitutionality of a state law is challenged.

“The Kansas Legislature has, as a matter of public policy, limited the amount of non-economic damages a plaintiff may be awarded in a lawsuit,” Schmidt said in a statement. “This is within the authority of the legislature, and courts have historically found that this does not violate the plaintiff’s constitutional rights.”

Want to get notified whenever we write about any of these organizations ?

Sign-up Next time we write about any of these organizations, we'll email you a link to the story. You may edit your settings or unsubscribe at any time.

Organizations in this Story

Kansas Office of the Attorney GeneralKansas Supreme Court