Wednesday, March 19, 2014

Florida Tort Caps

Last week, the Florida Supreme Court ruled their statutory caps on noneconomic damages unconstitutional.   A copy of the 96 page opinion is located here.  Mississippi has not directly addressed the constitutionality of the Mississippi caps yet.  Previously, the Mississippi Supreme Court did not decide the issue when certified to them by the 5th Circuit because the verdict was a general verdict and did not state what portion was for noneconomic damages.  That case is located here.  I suspect a case either from federal court or a good set of facts from state court will make it to the Mississippi Supreme Court in the next few years.  The Florida case adds additional law on why the caps are not constitutional.     

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