THE FOLLOWING ARE the top 10 legal news stories as chosen by Lawyers Weekly USA. Visit www.lwusa.com for the complete text of this article.

1. Massachusetts Court Recognizes Same-Sex Marriage

   The Supreme Judicial Court, the highest court in Massachusetts, ruled 4-3 that the state constitution requires that same-sex couples be entitled to "the protections, benefits, and obligations conferred by civil marriage."

   The court, apparently acknowledging the controversy it was touching off, gave a 180-day stay of the judgment to provide the Legislature with time to take ‘appropriate’ action. At the end of the year, legislators asked the court if a civil union law would meet the requirements of the ruling.

   The case is roiling the national scene, leading members of Congress to introduce a constitutional amendment to ban same-sex marriages.

2. Pain and Suffering Damages in Med-Mal Cases Under Attack

   Despite a congressional audit report that the facts don’t support widespread claims by medical groups that high insurance rates are jeopardizing access to care, there is increasing momentum for caps on pain and suffering damages in medical malpractice cases. President Bush is pushing for a $250,000 cap on such awards.

3. Burden Lowered for Title VII Plaintiffs

   More employment discrimination suits may reach juries as a result of a U.S. Supreme Court decision in June that lowered the burden for plaintiffs by eliminating the requirement for direct evidence of discrimination in mixed motive cases where the employer claimed that legitimate reasons motivated the adverse employment decision.

4. High Court Strikes Down Punitive Damage Award

   The U.S. Supreme Court ruled, in State Farm Mutual Automobile Insurance Co. v. Campbell, that a punitive award of $145 million in an unfair insurance practices case was unconstitutionally excessive. The compensatory damages in the case were only $1 million and the court said the 145:1 ratio was clearly excessive. According to Lawyers Weekly USA, the State Farm ruling was having an impact: courts were lowering numerous punitive awards exceeding a single digit ratio.

Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store
Lawyer Referral Service | Law-Related Education | NHBA•CLE | NHBA Insurance Agency | NHMCLE
Search | Calendar

New Hampshire Bar Association
2 Pillsbury Street, Suite 300, Concord NH 03301
phone: (603) 224-6942 fax: (603) 224-2910
email: NHBAinfo@nhbar.org
© NH Bar Association Disclaimer