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Hupp Margolis & Leak is a boutique defense trial and appellate law firm with over 100 years of experience. As a result, we have a 98% success rate in excess of a combined 300 verdicts throughout the United States. Our relationships with experts throughout the United States, involving all areas of medical sub specialization, provides our clients with the distinct advantage in defending their care. All our trials incorporate digital presentation with experienced trial techs that are able to create demonstrative exhibits in real time. This has been required during trial, providing the jury with an easy-to-follow summary and timeline effective in furthering the defense. We are proud to have an Appellate practice throughout the State of Ohio. When other firms require Appellate Counsel, we are the firm they contact. We look forward to bringing the full resources of our trial and appellate expertise to represent your client.
Sixth District Court of Appeals in a unanimous decision holds that the noneconomic damages cap on catastrophic injuries in medical negligence actions is Constitutional
On December 12, 2025, board certified appellate specialist Doug Leak obtained a unanimous decision from the Sixth District Court of Appeals in Toledo, Ohio. The Sixth District Court held that the $500,000 medical negligence cap on noneconomic damages for catastrophic injuries is Constitutional. Mr. Leak successfully obtained a reversal of the Common Pleas Court's refusal to apply the cap. As a result of the Sixth District's decision, the application of the cap will reduce the jury's verdict from $5.152 million to $1.152 million.
This decision from the Sixth District Court of Appeals will have statewide implications beneficial to the defense bar in applying the caps in medical negligence actions.