Legal Opinion

Schmidt v. Heather Ramsey, APRN-CNM

Court of Appeals for the Eighth Circuit

Decided June 22, 2017No. 16-1022, No. 16-1024PublishedCited by 20 opinions

1Opinion of the Court

SMITH, Circuit Judge.

After a jury awarded $17 million to a child born with severe brain damage, the district court3 applied Nebraska’s tort-reform act to reduce the verdict by almost 90 *1043percent, to $1.75 million. The court declined, though, to retry the case based on alleged errors and omissions in the jury instructions. The child appeals the application and constitutionality of the Nebraska act. The hospital appeals the refusal to retry the case. For the reasons below, we affirm.

I. Background,

A. The Nebraska Hospital Medical Liability Act

More than 40 years ago, the Nebraska legislature…

2Cases cited45 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  3. Christopher v. HarburySupreme Court of the United States · 2002
  4. Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
  5. McDonald v. City of ChicagoSupreme Court of the United States · 2010

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3Cited by20 opinions

  1. United States v. Dayne SitladeenCourt of Appeals for the Eighth Circuit · 2023
  2. Young America's Found. v. KalerDistrict Court, D. Maine · 2019
  3. BEASON v. I. E. MILLER SERVICES, INC.Supreme Court of Oklahoma · 2019
  4. C.J.L.G., a Juvenile Male v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2018
  5. Reach Companies, LLC v. Newsert, LLCCourt of Appeals for the Eighth Circuit · 2024

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