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

The Mississippi Business Journal Reports that the 5th Circuit Court of Appeals is asking for more briefs in the Sears v. Learmonth case. This is the case where the Mississippi Supreme Court refused to decide the constitutionality of the state’s non-economic damages on a certified question from the 5th Circuit. 

The 5th Circuit’s October 5

Mississippi’s caps on non-economic damages were upheld as a result of Thursday’s decision in Sears v. Learmonth—just in an indirect way. The Court’s decision was—in some ways—both surprising and unsurprising.

In 2010 the Court was able to avoid deciding the constitutionality of the caps in the Double Quick v. Lymas case when it reversed

Last week Circuit Judge Charles Webster of Coahoma County ruled that Mississippi’s limit on non-economic damages is unconstitutional. The decision arose from a $7.5 million verdict in a premises liability fire case in September 2011. I don’t know what the non-economic damages were, but will look it up Monday and update this post.

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On Wednesday the West Virginia Supreme Court upheld West Virginia’s legislative damages caps. Here is the opinion in MacDonald v. City Hospital, Inc. One of the plaintiff’s lawyers in the case was Robert Peck, who argued for the plaintiff last week in the Sears v. Learmonth case at the Mississippi Supreme Court.

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