CCL, along with trial lawyers in Texas, filed a challenge to the non-economic damage cap in medical malpractice cases that was enacted 17 years ago. The case, a purported class action seeks the "incorporation" of the Seventh Amendment's right to trial by jury, meaning its application to the States, and a declaration of unconstitutionality for the cap.

     In recent years the U.S. Supreme Court has expanded the "incorporation" doctrine to include the Eighth Amendment's excessive fines clause and the Fifth Amendment's unanimous criminal jury requirement. Under the criteria used by the Court, the Seventh Amendment qualifies as well, the new lawsuit contends.

     The cap will likely be defended by the Attorney General's office in Texas.