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Non-Economic Damages Caps

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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.