(6th Circ., filed January 23, 2019): Supporting petition for en banc review, arguing that the panel’s ruling is inconsistent with Tennessee’s longstanding presumption of favoring constitutionality and history of upholding civil justice reforms. The panel ruling also is contrary to the vast majority of state courts, which have upheld statutory limits on punitive damages, and relies on an outlier decision. Also arguing that the ruling is contrary to every federal circuit court that has considered the constitutionality of a state limit on damages.
This week is aimed at educating both the public and our government leaders about how excessive litigation drains resources from businesses, stifles innovation, and ultimately hurts consumers and job creation.