Mississippi Supreme Court Weighs Constitutionality of Damages Cap

The Mississippi Supreme Court heard arguments Tuesday on the question of whether a state law that limits non-economic damages in civil cases is constitutional.

The lawsuit between Sears, Roebuck & Co. and Lisa Learmonth is pending before the 5th U.S. Circuit Court of Appeals in New Orleans.

The 5th Circuit has withheld a decision in the case. In January, the 5th Circuit asked the Mississippi court if a state law that limits non-economic damages to $1 million in civil cases is constitutional.

Mississippi law puts a $1 million limit on what juries can award someone for such things as pain and suffering. The limits on non-economic damages were adopted by Mississippi lawmakers after years of contentious wrangling over lawsuit awards.