Law360 (August 2, 2019, 12:12 PM EDT) -- Tort caps have been enacted in more than 30 states. In recent months, many states have seen the constitutionality of those tort caps called into question, most recently in Tennessee.
The Tennessee Supreme Court has just accepted review of the state’s tort caps, following the trend of numerous state supreme courts, including those in Kansas, Oklahoma and North Dakota, to varying results. These challenges proceed under state constitutional law grounds because the federal courts have foreclosed federal constitutional challenges. Although the particulars vary based on the language of the state constitution in question, the arguments tend to revolve around the implications...
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