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· 2/27/2013

Lisa Learmonth v. Sears, Roebuck & Co.

Citations

  • 710 F.3d 249
  • 2013 WL 708170
  • 2013 U.S. App. LEXIS 4035

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the damages cap does not infringe Mississippi’s “inviolate” jury right
  • stating that “we defer to intermediate state appellate courts decisions, unless convinced by other persuasive data that the higher court of the state would decide otherwise”
  • noting that federal court sitting in diversity applies substantive law of forum state
  • rejecting challenge to Mississippi damage cap predicated on Mississippi Constitution's jury guarantee after the Mississippi Supreme Court declined to resolve the question via certification
  • upholding damages caps against challenge based on state constitutional right to jury trial after Mississippi Supreme Court refused to accept certified question on that issue
  • upholding dam- ages caps against challenge based on state constitutional right to jury trial after Mississippi Supreme Court refused to accept certified question on that issue

Source: CourtListener parenthetical corpus (CC0).

Judges: Stewart, King, Owen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.