Tuesday, September 9, 2014

Mississippi to consider (again) whether cap on non economic damages is constitutional

The Mississippi Supreme Court has considered whether the state's cap on non economic damages several times since 2011.  See here, here and here.

In one of those cases, the federal Court of Appeals for the Fifth Circuit asked the state supreme court to address the issue and later held the cap was constitutional.

Now it is getting ready for another round of arguments on the issue on September 24 in an appeal from a lower state court decision holding the cap is unconstitutional.  The cap is currently set at $1 million.

As long time readers of this blog know, I am generally against caps on damages, but, as I have said before, a cap of $1 million is certainly much better than the more common ones that typically cap recovery at amounts much lower than that. So, as caps go, the Mississippi one is quite generous.

Go here for more information.

h/t TortsProf blog

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