id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-3663	Gfell, Kevin J.	The Constitutional and Economic Implications of a National Cap on Non-Economic Damages in Medical Malpractice Actions	2004	42	.pdf	application/pdf	19848	1072	57	The Washington Supreme Court agreed with the Lakin court on this issue and suggested that Dimick rather than Tull v. United States provided the most informative analysis on the constitutionality of non-economic damages limits.^^ Tull was a case where the Supreme Court upheld civil penalty assessments, without jury involvement, under the Clean Air Act.^^ The Sofie court distinguished Tull because it did not apply to civil damages actions, but merely applied to civil penalties under a legislatively created scheme.^^ Some federal courts have upheld state medical malpractice caps on damages over challenges to the Seventh Amendment.^^ Here again, the determination has depended upon a characterization of the jury's function. 2. Federal Law and Experience on Equal Protection Grounds.—Few decisions finding medical malpractice damages caps violated state equal protection guarantees have gone on to hold that the statute also violated the United States Constitution. '^^	cache/inlawrev-3663.pdf	txt/inlawrev-3663.txt