http://www.lawtoncates.com/lcblog 800.900.4539 | (608) 282-6200 Wed, 02 Dec 2009 20:12:35 -0600 http://wordpress.org/?v=2.8.4 hourly 1 http://www.lawtoncates.com/lcblog/?p=26&cpage=1#comment-199 dgahnz Wed, 02 Dec 2009 20:12:35 +0000 http://www.lawtoncates.com/wordpress/?p=26#comment-199 I was referring to the budget bill as a whole. The budget bill contained changes on a number of tort related items. You are correct with respect to the portion of the bill that presumes medical bills to be reasonable. There is no case on this issue as of yet. I know that the plaintiff's bar has been using it in cases that were filed before the passage of the budget bill. There is a line of cases that holds retroactive application of statutes is unconstitutional. I do not know how the trial courts have been dealing with the issue. With respect to cases that have been tried or settled, the statute would not apply retroactively. I was referring to the budget bill as a whole. The budget bill contained changes on a number of tort related items. You are correct with respect to the portion of the bill that presumes medical bills to be reasonable. There is no case on this issue as of yet. I know that the plaintiff’s bar has been using it in cases that were filed before the passage of the budget bill. There is a line of cases that holds retroactive application of statutes is unconstitutional. I do not know how the trial courts have been dealing with the issue. With respect to cases that have been tried or settled, the statute would not apply retroactively.

]]> http://www.lawtoncates.com/lcblog/?p=26&cpage=1#comment-198 Matt Clabots Wed, 02 Dec 2009 19:26:04 +0000 http://www.lawtoncates.com/wordpress/?p=26#comment-198 Does the law say that anywhere? I took a look at the bill with regard to the presumption added by (6m)(bm). Nowhere in the statute does it say that the law does not apply to cases filed before the effective date. Is there caselaw that supports this or anything in the statute? Does the law say that anywhere? I took a look at the bill with regard to the presumption added by (6m)(bm). Nowhere in the statute does it say that the law does not apply to cases filed before the effective date. Is there caselaw that supports this or anything in the statute?

]]> http://www.lawtoncates.com/lcblog/?p=26&cpage=1#comment-196 dgahnz Tue, 01 Dec 2009 19:13:45 +0000 http://www.lawtoncates.com/wordpress/?p=26#comment-196 The law has an effective date and does not apply to cases filed before that date. The effective date varies by section. The law has an effective date and does not apply to cases filed before that date. The effective date varies by section.

]]> http://www.lawtoncates.com/lcblog/?p=26&cpage=1#comment-195 Matt Clabots Tue, 01 Dec 2009 17:54:35 +0000 http://www.lawtoncates.com/wordpress/?p=26#comment-195 Does this law take effect immediately? More specifically, does the law's effective date apply to cases already filed and cases tried? Or does this law apply only proactively after a certain date? Does this law take effect immediately? More specifically, does the law’s effective date apply to cases already filed and cases tried? Or does this law apply only proactively after a certain date?

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