November 4, 2019

Dysart Taylor Cotter McMonigle & Montemore, P.C. Director John Wilcox and Associate Ben Stringer authored an article for the October 2019 issue of The Transportation Lawyer, an exclusive resource for Transportation Lawyers Association (TLA) members, on Hilburn v. Enerpipe Ltd., a recent case out of the Kansas Supreme Court that struck down the state’s statutory cap on noneconomic damages.

The case, which was decided in June 2019, centered on whether Kansas’ statutory cap on damages violated Section 5 of the Kansas Constitution. The 4-2 decision signals that the plaintiff’s bar will likely bring additional challenges in states where caps are still in place until they are eliminated nationwide.

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