I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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The Mississippi Supreme Court in Learmonth asks whether it can hear the question…

In January, the Fifth Circuit certified a legal question to the Mississippi Supreme Court in Sears v. Learmonth:

We hereby certify, on Sears’ unopposed motion, the following determinative question of law to the Supreme Court of Mississippi:  Is Section 11-1-60(2) of the Mississippi Code, which generally limits non-economic damages to $1 million in civil cases, […]

Phillip Thomas has a nice report on the damages cap argument

Here it is.

The damages cap is a Proscrustean Bed

At Eleusis, Theseus killed Cercyon in a wrestling match. A little farther down the road, he found Procrustes. Theseus killed Procrustes by stretching him on his own bed of torture, as he himself had done to so many unhappy visitors. Like Hercules, Theseus justly compelled criminals to suffer the same torments that their […]

More notes on Double Quick: Effective Assistance of Amicus

The most effective intellectual energy in the Double Quick briefs as far as I’m concerned is on the liability issue.  The plaintiff was shot in the Double Quick parking lot, and the question is whether there was evidences the violence was foreseable under the Mississippi Supreme Court’s premises liability cases.

Double Quick makes the […]

More notes on the Double Quick constitutional arguments

I’ve now read through the briefs and came away thinking there’s a really good chance the Supreme Court won’t even reach the damages cap issue because of problems with the plaintiff’s case on premises  liability.

Even so, I want to make a couple of comments on the constitutional argument.  First, I came away unconvinced […]

Interesting New Mississippi Law Blog, and notes on Double Quick v. Lyman and the tort damage cap

My friend Charles Griffin, a Jackson lawyer, has a new blog, Minority Defense Litigator.  It’s got much of interest to both Mississippi and minority lawyers.  The post that caught my eye is about the appeal in Double Quick v. Lymas, which has caught public attention because it explicitly challenges the constitutionality of the cap […]