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Tennessee Supreme Court Rules on Non Economic Damages Cap

Posted by: Malcolm Futhey at  Thursday, November 12, 2015

In October 2015, the Tennessee Supreme Court set aside a circuit court ruling that Tennessee’s cap on noneconomic damages is unconstitutional.  In March 2015, Hamilton County Judge W. Neil Thomas denied a defendant’s summary judgment motion on the issue of non-economic damages based on the unconstitutionality of the $750,000 damage cap for non-economic damages found in Tennessee Code Annotated § 29-39-102.   The Tennessee Supreme Court did not address the merits of Judge Thomas’s decision but instead overturned his ruling as premature given that the damages issues was not yet ripe.   Clark v. Cain, --- S.W.3 ---, 2015 WL 6549878 (Tenn. Oct. 16, 2015); Clark v. Cain, No. 12-c-1147 (Hamilton County Cir. Ct. Mar. 2015).  The issue of whether the noneconomic damages cap is constitutional remains unresolved. 

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