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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.
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State Courts Diverge on Allowing Civil Claims for Child Sexual Abuse Outside Statute of Limitations
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.