In this October 23 Order, Jasper County Circuit Judge Eddie Bowen ruled that Mississippi’s non-economic damages caps are not constitutional.

I previously wrote about the underlying case (Tanner v. Eagle Oil & Gas Co.) here and here. A Paulding jury rendered a $18 million non-economic verdict The total verdict in the case was

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.

Here is

The trial in the products liability case against Ford Motor Company that I mentioned in this post two weeks ago is scheduled to resume on Monday. 

If Republican Gary Chism’s “Loser Pays” legislation passes, this will be one of the last products liability cases ever tried in the State of Mississippi. Chism, who works for insurance

I’ve heard from a lot of defense lawyers this week about what an abomination the Republicans’ "loser pays" legislation would be for the people of the State of Mississippi. My response is…..say it (play video):

Not to me. I get it. Say it to your elected representatives. Say it publicly. Don’t be afraid. You can do

On Monday I wrote about the Republicans’ “loser pays” legislation in Mississippi. Republican sponsored “loser pays” legislation is also on the table in Tennessee, as reported in the Tennessean (a Gannett Company). Critics of the Tennessee bill state that the bill is unfair to regular folks:

Daniel Clayton, a medical malpractice lawyer in Nashville, said