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Future of Mississippi Tort Reform

June 20, 2011 by Brandon Flechas Leave a Comment

In 2004, under the pro-business leadership of then Governor, Haley Barbour, the Mississippi legislature was called into special session and emerged from session after enacting non-economic damage caps of $500,000.00 in medical negligence cases and $1M in most other cases. This was part of a sweeping tort reform package that has remained on the books in Mississippi.

Since that time, several cases have come before the Mississippi Supreme Court challenging the constitutionality of tort reform–specifically damage caps. Currently before the Court is the case of Learmouth v. Sears Roebuck and Company. In Learmouth, a Neshoba County jury awarded the Plaintiff $4M in damages ($1.2M in lost wages, $573,000 in past and future medical expenses, and $2.2M in non-economic damages). The trial court reduced the non-economic damages to the state’s $1M damages cap, and the Plaintiff appealed the trial court’s reduction to the 5th Circuit Court of Appeals. The 5th Circuit then referred the matter to the Mississippi Supreme Court for a ruling on the constitutionality of the damages cap. [Read more…]

Filed Under: blog, Mississippi

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  • Home
  • Our Team
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    • Philip A. Stroud
    • Brandon L. Flechas
    • Matthew G. Dalton
    • Michele Watts
    • Amanda “Mandy” Wright
    • Traci Stone
    • Judy Bell
    • Heather Oglesby
  • Personal Injury
    ▼
    • Personal Injury
    • Car Accident Injury
    • Motorcycle Accident Injury
    • Brain Injury
    • Medical Malpractice
    • Nursing Home Negligence
    • Semi Truck Accidents
    • Slip and Fall Injury
    • VIEW ALL INJURY PRACTICE AREAS
  • Criminal Law
    ▼
    • Assault & Battery
    • Domestic Violence / Simple Assault
    • DUI / DWI
    • Drug Charges, Sale & Possession
    • Reckless Driving
    • Suspended or Revoked License
    • Resisting Arrest and Disorderly Conduct
    • VIEW ALL CRIMINAL PRACTICE AREAS
  • Civil Rights
    ▼
    • Police Misconduct
    • Police Shooting
    • Police Excessive Force
    • Police Taser Abuse
    • Law Enforcement Abuse of Power
    • Wrongful or Unlawful Arrest
    • Wrongful or Unlawful Search and Seizure
    • Police K9 Dog Bites
    • Sexual Abuse by Jailors or Police
    • VIEW ALL CIVIL RIGHTS AREAS
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