An East Texas judge has dismissed several claims in a class action lawsuit that the Medical Malpractice and Tort Reform Act of 2003 violates plaintiffs’ constitutional rights. On March 31, Magistrate Judge Charles Everingham of the Eastern District of Texas, who is handling pre-trial proceedings, submitted his finding that plaintiffs did not plead viable Seventh Amendment, due process or equal protection challenges to House Bill 4. Trial court Judge T. John Ward for the Marshall Division of the Eastern District of Texas accepted Everinham’s recommendation. The class action suit filed in the Marshall court on Feb. 25, 2008, seeks to nullify the tort reform act by arguing that the state’s limits on non-economic damages are unconstitutional.
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