Amicus Brief: Tort Reform

May 6, 2016 11:51AM

The Beacon Center, joined by prominent members of the Tennessee General Assembly (you can see the full list on page 9) filed a brief urging the Tennessee Supreme Court to uphold the constitutionality of the Tennessee’s Civil Justice Act’s cap on punitive damages awards. Enacted in 2011, the Act was meant to promote job growth in Tennessee and provide a stable litigation environment by putting a stop to unpredictable runaway jury awards.  The State of Tennessee and several business groups separately filed briefs as well. The Act has come under recent attack from plaintiffs’ lawyers who charge that the Act is unconstitutional. Showing the need for intervention, one judge in Chattanooga even agreed with this assessment, though he was later overturned

Braden H. Boucek, Director of Litigation for the Beacon Center explained that the brief also afforded the opportunity to engage a meaningful and originalist analysis of little noticed provisions in Tennessee’s unique Constitution. “Marking our specialized role in Tennessee Constitutional law and offering some insight to the Tennessee Supreme Court is what we strive to do with our legal arm. We were privileged and pleased that so many of Tennessee’s legislators, including leadership and those who drafted the law in the first place, thought our brief worthy of joining.”
You can read the full Amicus brief here.