Sunday, November 27, 2011
Missouri Supreme Court considers challenge to state's cap on punitive damages
According to The Kansas City Star (here) about three weeks ago, the Missouri Supreme Court heard oral arguments in a case that challenges the punitive damages cap in Missouri. The case is called Estate of Max E. Overbey and Glenna J. Overbey v. Franklin. The plaintiffs argued that the state’s punitive damages cap is unconstitutional because violates the constitutional separation of powers, the right to trial by jury, the right to equal protection of the law and due process, among other things. Go here for more information.