Miss. Supreme Court Schedules Oral Argument for Non-economic Damages Caps Case for June 14
The Mississippi Supreme Court has scheduled the oral argument in the Sears v. Learmonth case for June 14, 2011 at 10:00 a.m. Here is the Court's docket calendar. The case is listed on the last page.
This is the case where the 5th Circuit Court of Appeals certified the issue of the constitutionality of Mississippi's non-economic damages caps. This issue was before the Court last year in the Lymas v. Doublequick case discussed here, but the Court did not reach the issue because it reversed and rendered on liability. The Court cannot side-step the issue in this case, since the caps are the only issue for the court to decide in the case.
And now for my long anticipated prediction for the case: I predict that there will be a big crowd at the oral argument.
Here is my prior post on the case. Here is another post where I mention the case.
My prediction: Despite some surprisingly aggressive questioning on the issue of caps from certain justices during the Lymas arguments, the caps will stand. No way the current court is going to undo all that the Guv, big business, and the insurance industry have "accomplished" over the past 7 years.
amicus curiae anyone?
"The Court cannot side-step the issue in this case"
Yes, it can. It can rule that the certification was improvidently accepted and decline to issue a holding. State courts don't have to answer certified questions from federal courts.
N.b. I'm not *predicting* that, just saying it's an option.