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04/18/2007 CHALLENGING THE CONSTITUTIONALITY OF NON-ECONOMIC CAPS IN MEDICAL MALPRACTICE CASES In accordance with the Order of Judge William Maddux on March 27, 2007, all pending and subsequently filed motions seeking to challenge the constitutionality of non-economic caps in medical malpractice cases pending in the Law Division, have been consolidated and transferred to Judge Diane Larsen. The Order applies to all motions filed prior to the date that Judge Larsen issues a final ruling on all the constitutional issues presented by the cases now pending before her. On Tuesday, July 10, 2007, there will be a status on the case of Abigaile Lebron, et al. V. Gottlieb Memorial Hospital, et al, which will serve as the lead case in this consolidated matter. On March 26, 2007, Judge Larsen set a preliminary briefing schedule for the motion in Lebron: Plaintiffs’ memorandum in support of the motion is to be filed on or before April 25, 2007, Defendants’ responses to be filed on or before June 6, 2007 and Plaintiffs to file a reply on or before June 29, 2007. To the extent practicable, all parties in this consolidated matter are to adhere to the briefing schedule. The following matters will be heard on July 10, 2007. a. Determination of the number of cases participating in the constitutional challenge. -------------------------------------------------------------------------------------------------------------------- Return to Previous Page |
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