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: How Appealing

Examining the retroactive effect of a newly adopted statutory cap on non-economic damages for "any injury to a person in an action arising out of a motor vehicle accident"

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Examining the retroactive effect of a newly adopted statutory cap on non-economic damages for "any injury to a person in an action arising out of a motor vehicle accident": The U.S. Court of Appeals for the Third Circuit issued this ruling today. The statutory cap in question is one that now exists under the local law of the U.S. Virgin Islands, but the cap took effect after the plaintiff was injured and after the plaintiff had filed his lawsuit. The law imposing the cap is silent concerning its retroactive effect.

The plaintiff sustained his injuries when the motorcycle he was driving was hit by a jeep driven by United States Army recruiter. Thus, today's Third Circuit ruling, which holds that the damages cap cannot apply to this plaintiff's claim, is adverse to the United States government.

Full post as published by How Appealing on February 20, 2008 (boomark / email).

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