· 10/15/1883
Clark v. Adair County
Citations
- 79 Mo. 536
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that stare decisis is “not binding” on a constitutional question
- striking $875,000 non-economic damages cap on state equal protection grounds using heightened scrutiny
- invalidating $875,000 cap in personal injury actions utilizing intermediate scrutiny analysis
- invalidating $875,000 cap in personal injury actions utilizing intermediate scrutiny analysis
- cap on medical malpractice damages unconstitutional because it imposed burden of supporting insurance industry solely upon persons more severely injured, and, therefore, more in need of compensation
- increase in amount of cap increases unfairness of burden on few most badly injured
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.