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The U.S. Court of Appeals for the 5th Circuit will soon address the constitutionality of Mississippi’s statutory $1 million cap on noneconomic damages for civil cases. In Sears, Roebuck & Co. v. Learmonth, the 5th Circuit certified the constitutionality question to the Mississippi Supreme Court; but the Mississippi Supreme Court ultimately declined to answer the question. The issue is now back before the 5th Circuit, with briefing to conclude on Dec. 3.

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