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And the Defense Wins Re: Fifth Circuit Weighs in on the Constitutionality of a Statutory Cap on Noneconomic Damages

The U.S. Court of Appeal for the Fifth Circuit weighed in recently on the constitutionality of a state statutory cap on noneconomic damages, affirming the constitutionality of Mississippi’s noneconomic damages cap, Miss. Code § 11-1-60, in the case of Learmonth v. Sears, Roebuck and Co., No. 09-60651 (5th Cir. Feb. 27, 2013). The prevailing appellee, Sears, was represented by DRI member Francis A. Citera, a shareholder with Greenberg Traurig, LLP in Chicago, along with another shareholder from the firm. In a lengthy and rigorous opinion that is likely to stand as an important precedent on an issue that has recently divided the highest courts of a number of states, and carries important implications for state efforts to rein in excessive noneconomic awards, the Fifth Circuit undertook an Erie analysis and concluded that Mississippi’s statutory cap does not violate Mississippi’s jury guarantee that the “right of trial by jury shall remain inviolate,” Miss. Const. art. III, § 31, nor does it violate Mississippi’s separation of powers clause, Miss. Const. art. I, §§ 1, 2.

Click the View Media link to read the full article.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume III, Number 102
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About this Author

Francis Citera, Greenberg Traurig Law Firm, Chicago, Business Law Litigation Attorney
Shareholder

Francis A. Citera is an attrney in the firm's Products Liability & Mass Torts Litigation Group and Co-Chair of the Chicago Litigation Practice. Frank has been described by Legal 500 as being “renowned for his toxic tort and product liability work.” Frank has over 30 years of experience defending purported class actions, toxic tort actions, and other complex litigation in both federal and state courts. He has tried many cases, including an action by the Government to enforce a unilateral administrative order, an allocation case among potentially responsible parties,...

312-456-8413
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