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Assurecare Adult Home v. Bolina
Washington Supreme Court will consider a challenge by residential caregivers to elderly and disabled adults to an exclusion in the state's minimum wage law for live-in caregivers, brought under the state constitution's "privileges and immunities" clause.
J.P. Morgan Chase v. City of Corsicana
Texas Supreme Court will consider whether a state constitutional provision authorizing publicly-funded economic development programs is subject to the state constitution's "gift clauses," restricting grants of public money to private entities.
State v. McFarland
Connecticut Supreme Court held that the state constitution’s due process provisions require a more protective balancing test for pre-arrest delay than the approach adopted by the majority of federal circuits under the federal due process clause.
State v. McLain
Maine Supreme Court held that the state constitution's privilege against self-incrimination provides greater protection than the federal Fifth Amendment with respect to waiving that privilege.
Lyon v. Riverside Methodist Hospital
Ohio Court of Appeals held that a law capping noneconomic damages for medical malpractice claims does not facially violate state constitutional due process or equal protection, but did violate those guarantees as applied to the plaintiff whose award was signficantly reduced for extreme injuries.
Mohebali v. Hayes
North Carolina Court of Appeals held that a law capping jury awards of noneconomic damages for medical malpractice did not violate the state constitutional jury trial right of a plaintiff who sued her physician for negligence for allowing her pregnancy to extend to 44-weeks, resulting in fetal death.
Atencio v. State of New Mexico
Plaintiffs have sought review from the New Mexico Supreme Court of an appellate court decision that dismissed their claim under a state constitutional clause requiring the legislature to control pollution based on the court's interpretation that that clause does not create an individual right the judiciary can enforce or protect.
How the Tort Wars Became the Court Wars
Recent rulings in Ohio and North Carolina demonstrate divisions on medical malpractice damages caps.
Case Trends: State Courts Continue to Grapple with Covid-19 Policies
Courts are still weighing the constitutionality of state responses to the pandemic more than five years after its start.
Sarah L. Swan
Sarah L. Swan is a professor of law and Dean’s Civil Governance Scholar at Rutgers Law School.
