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Court to decide if damages cap applies in products liability lawsuit

An attorney for a lead-paint poisoning victim told a state court that the statutory cap on non-economic damages does not apply to products liability lawsuits brought under the Consumer Protection Act. The attorney is seeking reinstatement of a $2.3 million jury award that was slashed to $515,000 after the caps were applied to the products liability award.

In 2007, an Illinois state court judge ruled caps on damages from personal injury lawsuits unconstitutional.

To read more about the damages cap litigation.