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.

Court denied cert

On March 29, 2019, the Court denied the petition. 

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SCOTUS Should Affirm Federal Law Supremacy With FDA Authority Case

The U.S. Supreme Court has a chance to rein in state court rulings that impose liability on pharmaceutical companies that go beyond, and even contradict, the federal regulatory process of the FDA, according to Tiger Joyce, president of the American Tort Reform Association. He explains why it is imperative the high court review a case involving Janssen Pharmaceuticals.