Miss. court sets deadline in damage caps case
Published 5:03 pm Tuesday, February 15, 2011
The Mississippi Supreme Court has asked parties in a federal lawsuit to file briefs by Feb. 28 on whether a state law that limits non-economic damages in civil cases is constitutional.
The issue was raised by the 5th U.S. Circuit Court of Appeals in New Orleans in January. The 5th Circuit asked the Supreme Court about the constitutionality of the law before it rules in a case involving a traffic accident.
The law on non-economic caps puts a $1 million limit on what juries can award someone for such things as pain and suffering. The limits on damages were adopted by Mississippi lawmakers after years of contentious wrangling over tort reform.
The case is Learmonth v. Sears, Roebuck and Co., 09-60651