“A Wrong Must Have a Remedy…Otherwise, the Jury’s Verdict is Destroyed.”
By: Jared S. Garceau
The fate of a significant provision in the Tennessee Civil Justice Act of 2011 (TCJA) is uncertain following the recent memorandum opinion issued by the Honorable Judge W. Neil Thomas, III from the Circuit Court of Hamilton County. Judge Thomas opined that the TCJA’s cap on noneconomic damages is not only unconstitutional, but that it “deprives society of a right to have justice dispensed in a manner on which it has traditionally relied and which has its traditionally demanded.” It remains to be seen if the Tennessee Supreme Court agrees with Judge Thomas; however, based on decision of the top courts in nearby states, the ultimate determination truly could go either way.
Read the full article in the May issue of DICTA pages 16-17:
Jared Garceau is an associate in the firm’s Knoxville office practicing in the areas of business and commercial law and general civil litigation.