Document Type
Article
Publication Date
6-2020
Abstract
On Feb. 26, in McClay v. Airport Management Services LLC, the Tennessee Supreme Court upheld the constitutionality of the noneconomic damage cap provisions of the Tennessee Civil Justice Act of 2011. The court’s analysis primarily centered on the constitutional right to a trial by jury. The justices split on whether the General Assembly maintains the authority to alter or abridge the state’s common law when doing so affects a constitutional right.
The three-justice majority concluded that noneconomic damage caps do not violate the right to a jury trial, though one of those justices authored a concurring opinion declaring the issue to be a “much closer question.” Meanwhile, the two dissenting justices argued the majority misapplied the court’s precedent and violated the “inviolate” right to a trial by jury. This article examines the court’s decision in light of the background of the tort cap legislation’s enactment and highlights the potential consequences of the court’s decision. Moreover, this article situates the Tennessee decision within the recent trends of other states’ high courts.
Recommended Citation
Bailey D. Barnes,
Violating the Inviolate?: Divided Tennessee Supreme Court Upholds Constitutionality of Noneconomic Damage Caps, Focuses on Right to Jury Trial, 56 Tennessee Bar Journal 12
(2020).
Available at: https://scholarship.law.missouri.edu/facpubs/1281