Miscarriage of Justice Act Deemed Unconstitutional
Back in 2011, we told you all about Governor Bill Haslam’s “Miscarriage of Justice Act” — legislation that placed caps on damages in most personal injury and medical malpractice cases.
We told you then that if the bill became law, hard working Tennesseans would be punished by a system that placed an arbitrary dollar value on a person’s life and health.
Who decides what your life and health are worth? Well, the limits came from our billionaire Governor Bill Haslam and they were endorsed by the Tennessee General Assembly.
Haslam’s bill, the so-called Tennessee Civil Justic Act, did become law.
And, we were right! Unfortunately.
Now, there’s GOOD NEWS!!
On Monday, a judge in Chattanooga ruled that the Tennessee Civil Justice Act was neither civil nor just.
Ok, that’s not exactly what he found, but he did say:
The legislation is “an affront” to “diligent and hard-working” jurors and “a statement to them that they are not really needed.”
The judge also noted:
Not only does the statute deprive injured persons of their right to trial by jury, it “deprives society of a right to have justice dispensed in a manner on which it has traditionally relied and which it has traditionally demanded.”
In other words, the Act, perpetuated by Bill Haslam and endorsed by our legislature, is unconstitional.
This is a small victory on the path to fully overturning the “Miscarriage of Justice Act.” But it’s a start.
And a warning to Haslam and his corporate friends that denying access to justice to Tennesseans isn’t as easy as it once seemed.
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