Mississippi Tort Case Pending before Federal Appeals Court

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A federal appeals court has asked parties involved in a personal injury lawsuit that challenged the constitutionality of Mississippi's $1 million cap on non-economic damages to re-brief the issue, or again submit in writing why the court should side with the plaintiff or defense.

The 5th Circuit Court of Appeals in New Orleans noted it has been two years since the original briefs were filed.

The court said it wants the briefs to include any new information that has developed since the appeal was filed.

Lisa Learmonth filed suit in federal court after she was injured in a collision with a Sears van near Philadelphia, Miss., in 2005.

Attorneys for Sears have until Oct. 22 to re-brief the issue. Attorneys for Learmonth have asked the court to allow them to file briefs by Nov. 19.