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Lindenberg v. Jackson National Life Insurance Co.
(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.
On March 29, 2019, the Court denied the petition.
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