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Tag Archives: damages cap

Damages cap ruling could invite another challenge

The Fifth Circuit Court of Appeals ruled in late February that Mississippi’s $1 million cap on non-economic damages arising from civil litigation does not violate the state constitution’s separation of powers clause. The appeals court issued the ruling in response to the Mississippi Supreme Court’s decision not to rule on the matter last summer. The state court said then that ...

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Damages cap issue not gone for good

The Fifth Circuit Court of Appeals about a year and a half ago asked the Mississippi Supreme Court to decide if the state’s cap on noneconomic damages was constitutional. On Aug. 23, the state justices declined to do so. The question arose out of a personal injury lawsuit against Sears and Roebuck Co. Plaintiff Lisa Learmonth was awarded $4 million ...

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Read September 3 issue of MBJ

>> HURRICANE ISAAC Windpool, private insurer on coast confident they can handle risks— by Ted Carter Also in this week’s paper: >> TORT REFORM Damages cap issue not gone for good— by Clay Chandler >> TORT CONT. As next challenge forms, current cap statute likely to remain as-is— by Clay Chandler >>READY TO FLY New Gulfport-Biloxi Airport director, Clay Williams, has varied governmental experience by ...

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