Federal Court Seeks Rebriefing on Mississippi Damages Cap

A federal appeals court has asked parties involved in a personal injury lawsuit that challenged the constitutionality of Mississippi’s $1 million cap on non-economic damages to re-brief the issue. The 5th Circuit Court of Appeals in New Orleans filed the order last week. The court noted it has been two years since the original briefs were filed. The court said it wants the briefs to include any new information that has developed since the appeal was filed. Lisa Learmonth filed suit in federal court after she was injured in a collision with a Sears van near Philadelphia, Miss., in 2005. A federal jury in 2008 determined Sears was liable for Learmonth’s injuries and awarded $4 million in damages but the panel did not itemize how much of the award was noneconomic damages.