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Damages cap briefs due to fly any minute

A couple of newsy items on a pretty Monday morning …

The Mississippi Supreme Court has set a Feb. 28 deadline for parties to file briefs related to the damages cap question the Fifth Circuit Court of Appeals kicked back to the state court earlier this year.

If last year’s premises liability case that also addressed the punitive damages cap is any indication, the briefs should come in by the truckload.

Mississippi’s $1 million cap on punitive damages was the cornerstone of 2004′s tort reform. It essentially eliminated the massive judgments that had earned the state a reputation as a plaintiff attorney’s paradise. The premises liability case reached the state’s high court last year after the plaintiff appealed the trial judge’s setting aside a $4 million jury verdict, and reducing it to comply with the $1 million cap. The Mississippi court clearly answered the premises liability issue, but did not rule on the constitutionality of the damages cap. That’s what the Fifth Circuit is asking the Supreme Court to do now.

Expect every business group and trade association there is to file a friend of the court brief in support of the cap. Gov. Haley Barbour, like he did in the premises liability case, will probably do the same.

A lawyer friend of Magnolia Marketplace told us a few weeks back that if the Court rules the damages cap is out of line with the Mississippi Constitution, “it’ll be like 1995 all over again” as far as the state’s tort climate goes. “All hell will break loose,” he said. “It’ll be like tort reform never happened.”

A lot of folks have a lot on the line in this deal.

In other news, Dave Dennis officially kicks off his campaign for governor this week, with stops planned all across the state. Unofficially, he’s been campaigning for over a year now.

Lynn Fitch, executive director of the State Personnel Board, will also start her campaign for treasurer with a three-day announcement tour.

Strap in. It’s going to be a busy week.

 

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