Martin Ex Rel. Scoptur v. Richards

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding unconstitutional the retroactive application of a statute extinguishing the right to recover an unlimited amount of non-economic damages
• explaining that \retroactive legislation presents unique constitutional problems in that it often unsettles important rights\ and may result in \unfairness\
• explaining that \retroactive legislation presents unique constitutional problems in that it often unsettles important rights\ and may result in \unfairness\
• stating that, traditionally, a battery cause of action existed where a patient did not authorize treatment or consented to one form of treatment and the physician performed a substantially different one
• \concluding] that the private interest outweighs the minimal public interest served by the retroactive application of the cap.\
• declaring the retroactive application of the $1,000,000 cap unconstitutional on due process grounds

Source: CourtListener parenthetical corpus (CC0).