nerds observers looking forward to the big oral argument Wednesday in the case where the trial judge ruled that Mississippi’s damages caps are unconstitutional will be disappointed with this: the Court cancelled oral arguments. Here is the updated docket calendar. It states that the Court cancelled oral argument on September 16.
On September 17 the parties filed a joint motion to stay the appeal. The motion states that the parties settled.
Here is my 2012 post about Judge Charles Webster’s ruling that the caps are unconstitutional.
The caps live to live or die another day. I don’t know when the Mississippi Supreme Court will ever have to weigh in on the caps. But whoever took the ‘over’ won.
The Court heard oral argument on the issue in 2011 in the Sears v. Learmonth case. Here is my report from that oral argument, which you can probably still watch online. It was not a particularly hot bench for that argument.
A boring oral argument is, well, pretty boring. I had already pegged this oral argument likely to fall in that category and wasn’t even planning to watch it.
And since the caps issue somehow manages to never be decided by the Court, this is unsurprising.
The practical effect is that Mississippi still has caps. Just like it has for the last 10 years for personal injury and 12 years for medical malpractice.
Wow!!! Have we really had caps for half my career?
It was so much funner in the pre-cap days. I’m not far from frequenting watering holes so I can espouse on how things were so much better back in the day.