In 2011, the Tennessee legislature enacted limitations on non-economic compensatory damages and punitive damages which are recoverable in Tennessee. T.C.A. 29-39-102 was part of the Tennessee Civil Justice Act of 2011. It...more
On June 19, 2019, the Supreme Court of Tennessee accepted certification of three questions of law relating to Tennessee's statutory non-economic damages cap. The certification follows on the heels of a decision from a divided...more
In Part 1 of our alert on a recent case decided by the U.S. Court of Appeals for the Sixth Circuit, we examined the facts of Lindenberg v. Jackson Nat'l Life Ins. Co. and noted the importance of the divided panel's holding...more
In mid-December 2018, a divided panel of the U.S. Court of Appeals for the Sixth Circuit held that Tennessee's statutory cap on punitive damages violates the right to trial by jury under the Tennessee Constitution. The case...more
In a previous "Litigation Alert for Businesses with Tennessee Operations," we reported that Judge Neil Thomas, Circuit Judge in Chattanooga, Tennessee, held that Tennessee's statutory cap on non-economic damages was...more