Tennessee Supreme Court Upholds Cap on Noneconomic Damages

The Tennessee Supreme Court released its opinion in McClay v. Airport Management Services, LLC, No. No. M2019-00511-SC-R23-CV (Tenn. Feb. 26. 2020).  The syllabus from the majority slip opinion reads:

We accepted certification of the following questions of law from the United States District Court for the Middle District of Tennessee regarding the constitutionality of Tennessee’s statutory cap on noneconomic damages, codified at Tennessee Code Annotated section 29-39-102: “(1) Does the noneconomic damages cap in civil cases imposed by Tenn. Code Ann. § 29-39-102 violate a plaintiff’s right to a trial by jury, as guaranteed in Article I, section 6, of the Tennessee Constitution?; (2) Does the noneconomic damages cap in civil cases imposed by Tenn. Code Ann. § 29-39-102 violate Tennessee’s constitutional doctrine of separation of powers between the legislative branch and the judicial branch?; (3) Does the noneconomic damages cap in civil cases imposed by Tenn. Code Ann. § 29-39-102 violate the Tennessee Constitution by discriminating disproportionately against women?” Upon review, we answer each of the District Court’s questions in the negative.

Here is a link to the majority opinion:

http://www.tncourts.gov/sites/default/files/mcclay.jodi_.opn_.pdf.

Here is Justice Kirby's concurring opinion:

http://www.tncourts.gov/sites/default/files/mcclay.jodi_.k.sep_.opn_.pdf.

Justices Clark and Lee dissented in separate opinions, which are here:

http://www.tncourts.gov/sites/default/files/mcclay.jodi_.c.sep_.opn_.pdf; and

http://www.tncourts.gov/sites/default/files/mcclay.jodi_.l.sep_.opn_.pdf.

NOTE: This is a very disappointing decision.  I agree with Justices Clark and Lee here.