noneconomic

The Supreme Court has consistently held that the commerce clause empowers Congress to address noneconomic conduct as part of a broader regulatory scheme.

The parties made headway on noneconomic proposals, including attendance policies, dress code, “just cause” protections and health and safety measures, the union said.

The defendants are trying to limit their liability by way of Iowa’s cap on the recovery of noneconomic damages—damages without a market value, like damages for emotional distress and lost parent-child relationship—in a medical malpractice claim.

Under state law, plaintiffs in these cases can recover only $250,000 in noneconomic damages unless the plaintiff’s injury constitutes “substantial or permanent loss or impairment of bodily function, substantial disfigurement, or death.”

Perversely, “dead babies”—those who do not survive childbirth—are much cheaper in medical malpractice litigation that “damaged babies”—those who do survive but with traumatic injuries—especially in a state like Iowa with a cap on noneconomic damages.