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Why does Texas have such a messed up Civil system?

Discussion in 'Civil Court, Procedure & Litigation' started by Redemptionman, Jan 24, 2023.

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  1. Redemptionman

    Redemptionman Law Topic Starter Active Member

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    that was not the only assertion I made, there are 3-4 of them independent of the PI caps. I assume since a government agency was involved that this was Federal then.
     
  2. justblue

    justblue Well-Known Member

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    I hear ya. I was hit and permanently injured. Got jack for it. In pain everyday.
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    Nope, the defendant was a city. The federal government does not get insurance to cover tort claims as it doesn't need it. It pays the judgements against it from the Treasury. Moreover, claims against the federal government for personal injury are covered by the federal Tort Claims Act, for which very specific rules apply. Cities, however, don't have the kind of funds in their coffers to pay up claims like this, hence they need insurance.
     
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  4. Redemptionman

    Redemptionman Law Topic Starter Active Member

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    not what I meant, US district court or county circuit court?
     
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    Federal district court as there were federal civil rights violations also asserted in the claim. But state law still governs the personal injury claims made in the case.
     
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  6. Redemptionman

    Redemptionman Law Topic Starter Active Member

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    right which is what I thought, a county court would not have gone pass the cap
     
  7. Tax Counsel

    Tax Counsel Well-Known Member

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    On the state law claims, the federal court would not be able to exceed the cap any more than a Colorado district court (which would be the proper state court here) since the federal court must apply state law when deciding state law claims. Indeed, there is a process for a federal court to seek the answer to important state law issues that have not yet been addressed in that state's appellate court from state supreme courts to aid the federal court in making its decisions on those state law matters.

    On the other hand, the state cap does not in any way limit the damages on the federal claims in the case. Federal law determines that.
     

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