Mississippi's $1M Damages Cap Is Legal, 5th Circ. Rules

Law360, Los Angeles (February 27, 2013, 10:27 PM EST) -- The Fifth Circuit on Wednesday upheld Mississippi’s $1 million cap on damages for pain and suffering, saying a woman injured by a Sears Roebuck & Co. van hadn’t proved the law was unconstitutional.

In an opinion Wednesday, the appeals panel found that Mississippi’s $1 million cap on noneconomic damages didn’t violate the state constitution’s jury guarantee and separation of powers provisions. Plaintiff Lisa Learmonth had argued that the damages cap interfered with the jury's authority, saying the jury alone finds on compensatory damages and renders a verdict on that finding.

“Accordingly, we interpret [the law] to provide that legal effect shall...

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