Judge considers arguments in damage cap lawsuit

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Published: August 30,2012

Tags: appeal, bench, cap, court, damage, injury, judge, judicial, judiciary, law, noneconomic, reform, tort

NEW ORLEANS — Each side in a Mississippi tort case has urged a federal appeals court to decide in its favor.

The Mississippi Supreme Court ruled last week it does not have enough information to decide whether the state’s limit on noneconomic damages — as applied to a federal lawsuit — is constitutional.

The 5th U.S. Circuit Court of Appeals in New Orleans is considering an appeal of a damage award against Sears, Roebuck and Co. The 5th Circuit has not ruled in the case.

Lisa Learmonth sued Sears after an accident near Philadelphia, Miss., in 2005.

Learmonth wants the 5th Circuit to uphold a federal jury award of $4 million. Sears wants noneconomic damages held to $1 million as ordered by a federal judge.

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