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Nishihama v. City and County of San Francisco

Case Conclusion Date: 10.26.2001

Practice Area: Litigation

Outcome: Appellate ruling limiting medicdal damages

Description: David Newdorf was lead appellate counsel in this case that resulted in a published decision that is one of the most frequently cited cases in California litigation. Nishihama v. City and County of San Francisco, 93 Cal. App. 4th 298 (2001). This seminal decision on medical damages for personal injuries established a cap on jury awards so that plaintiffs and their lawyers cannot recover more in medical damages than the actual cost of their treatment. Mr. Newdorf’s work resulted in an ongoing reduction of his client’s legal liability by millions of dollars a year and moved California law toward a more equitable balance between business and industry, on the one hand, and fair compensation for injured parties. The plaintiffs’ bar lobby has been attempting to undo — so far unsuccessfully — this and similar judicial decisions through legislation in Sacramento. Mr. Newdorf has published commentaries explaining this area of law for lawyers and lawmakers. (See

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