Federal district judge Lee Yeakel will conduct a bench trial this afternoon in WinnetIt, et al. v. Frank, et al. (No. 1:20-cv-01155-LY). As we have previously reported, this suit challenges the constitutionality of Texas’ cap on noneconomic damages. The individual plaintiffs have each filed underlying health care liability claims around the state (two organizations, Texas Watch and the National Medical Malpractice Advocacy Association, have also joined the suit). The defendants include physicians, clinics, and hospitals, four Travis County district judges, and defendant-intervenors Texas Hospital Association and the Attorney General’s Office. This is the first salvo in what we can expect will be a long road to SCOTUS.

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