6th Circuit panel decision strikes down Tennessee cap on 'punitive' damage awards
NASHVILLE — A 2011 Tennessee law that caps punitive monetary damages in civil lawsuits is unconstitutional, a 6th U.S. Circuit Court of Appeals panel ruled in a recent split decision.
In the 2-1 ruling involving a West Tennessee case, the judges cited the Tennessee Constitution, which was adopted in 1796 and borrows liberally from North Carolina's, as well as state case law reaching well back into the 19th Century to show awards of punitive damages are historically a "finding of fact" that are in the hands of jurors.
The 25-page appellate decision in the case, released Dec. 21, stems from a 2013 lawsuit filed by Tamarin Lindenberg on behalf of herself and two minor children against Jackson National Life Insurance Co.
She charged the insurer had breached its contract to pay out a life insurance policy after the death of her ex-husband.
Read more: https://www.timesfreepress.com/news/breakingnews/story/2018/dec/27/6th-circuit-panel-decision-strikes-down-tennessee-cap-punitive-damage-awards/485678/