The oral argument in Sears v. Learmonth is scheduled for tomorrow at 10:00 a.m. in the en banc courtroom at the Mississippi Supreme Court. This is the case where the 5th Circuit Court of Appeals certified the issue of whether Mississippi’s non-economic caps is constitutional.
Each side is allocated forty-five minutes to argue. Should be interesting.
In the last few weeks, I’ve talked to people who believe that the Court will uphold the caps and people who believe that the Court will strike the caps. Both can make logical arguments. Personally, I have no idea what the Court will do.
It’s even conceivable that the case could settle before the Court issues an opinion. The verdict was for $2.2 million in non-economic damages. The parties could emerge from the oral argument and decide that there is a point between $1 million and $2.2 million where they can agree to settle.