Non-Economic Damages Caps
Case: Jodi McClay v. Airport Management Services, LLC, U.S. District Court Case 3:17-cv-00705.
Facts: The U.S. District Court for the Middle District of Tennessee requested an opinion on the following certified questions of law:
(1) Does the non-economic damages cap in civil cases imposed by Tenn. Code Ann. § 29-39-102 violate a plaintiff’s right to a trial by jury, as guaranteed in Article I, section 6, of the Tennessee Constitution?
(2) Does the non-economic damages cap in civil cases imposed by Tenn. Code Ann. § 29-39-102 violate Tennessee’s constitutional doctrine of separation of powers between the legislative branch and the judicial branch?
(3) Does the non-economic damages cap in civil cases imposed by Tenn. Code Ann. § 29-39-102 violate the Tennessee Constitution by discriminating disproportionately against women?
Review Granted: June 19, 2019.
Prediction: Ben thinks the Supreme Court will strike down the cap as a violation of the right to trial by jury.