2018 News Releases

AG Derek Schmidt: State’s noneconomic damages cap is constitutional

Release Date: Mar 26, 2018

TOPEKA – (March 26, 2018) – Kansas’ cap on non-economic damages in civil lawsuits does not violate the U.S. or Kansas Constitutions, Attorney General Derek Schmidt argued in a brief filed today with the Kansas Supreme Court.

The state’s filing today comes after it was allowed to intervene in a lawsuit between two private parties for the purpose of defending the state’s damages-cap statute.

“The Kansas Legislature has, as a matter of public policy, limited the amount of non-economic damages a plaintiff may be awarded in a lawsuit,” Schmidt said. “This is within the authority of the Legislature, and courts have historically found that this does not violate the plaintiff’s constitutional rights.”

The state was allowed to intervene in this case after a law was passed in 2016 requiring the attorney general be given notice and opportunity to appear when the constitutionality of a state law is challenged.

The case is Hilburn v. Enerpipe, No. 14-112765-S. A copy of the brief is available at http://bit.ly/2G7XBRD.

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News releases issued prior to 2011 are available through an archive hosted by the Kansas State Library.