U.S. Court of Appeals for the Sixth Circuit

Case Status


Docket Number

Nos. 17-6034/17-6079


Case Updates

Divided Sixth Circuit denies a petition for rehearing en banc of a panel decision concluding that Tennessee’s tort reform law capping punitive damages violates the Tennessee Constitution

March 28, 2019

Click here to view the order. Judge Bush wrote a dissent arguing that the Sixth Circuit should have certified the case to the Tennessee Supreme Court. Judges Nalbandian, Thapar, Bush, and Larsen filed a statement encouraging courts to certify the issue to the Tennessee Supreme Court, rather than apply the panel’s opinion. The Chamber filed a coalition amicus brief urging the en banc court to rehear the case or to certify the issue for the Tennessee Supreme Court to decide in the first instance.

U.S. Chamber files coalition amicus brief urging Sixth Circuit to grant rehearing en banc and reverse panel decision striking down Tennessee’s punitive-damages cap as unconstitutional

January 23, 2019

Click here to view the amicus brief filed by the U.S. Chamber of Commerce, American Tort Reform Association, National Association of Manufacturers, National Federation of Independant Business Small Business Legal Center, and American Property Casualty Insurance Association.

Cary Silverman and Philip S. Goldberg of Shook, Hardy & Bacon LLP served as co-counsel for the amici.

Case Documents