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Torts and Liability
State courts routinely hear tort claims, including product liability, medical malpractice, and personal injury. Many states have passed tort reform legislation that cap damages, alter statutes of limitations, abolish certain torts, or otherwise limit tort claims. These laws are frequently subject to state constitutional litigation.
State constitutional issues include due process, access to the courts, immunity of government officials from suit, challenges to damage caps, and civil jury rights.
Filters
No State Actor, No Problem
Unlike the U.S. Constitution, state constitutions can impose obligations on private actors.
State Courts Diverge on Allowing Civil Claims for Child Sexual Abuse Outside Statute of Limitations
Due process challenges by schools and churches to laws reviving civil child sexual abuse claims are pending before the North Carolina and Kentucky supreme courts.
Oklahoma Supreme Court Rejects Reparations for Tulsa Race Massacre
The decision is the latest — and perhaps final — blow to the massacre’s two remaining survivors in their decades-long quest for justice.
Reforms Making It Easier to Sue Child Abusers Are Running into Due Process Concerns
The Colorado Supreme Court is the latest to consider whether retroactive extensions of statutes of limitations on child sexual abuse claims violate the state constitution.