An A.P. article on Tuesday stated that the 5th Circuit’s ruling on the constitutionality of Mississippi’s non-economic damages caps will not be made until 2013. The article reports that briefing will not be complete until December 3.
Oral argument has not been scheduled. Attorneys for the parties are uncertain about whether there will be oral argument:
Citera [Sears' attorney] said a decision is unlikely this year because of the complexity of the case and whether the 5th Circuit wants further oral arguments.
Hamilton [plaintiff's attorney] said while there has been no indication from the 5th Circuit about possible new oral arguments, there’s always a chance the court may want additional briefs on certain issues.
I watched the oral argument before the Mississippi Supreme Court and thought it was a bit anti-climatic. As important as this issue is, it may not be one where oral argument can add much to the briefs.
Cynics like me are hoping that the 5th Circuit can figure out how to clarify the issues that got the Mississippi Supreme Court hung up and hit the ball back to the Supreme Court for a decision.
That would be funny. No, it would be hilarious.