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The NAM filed an amicus brief urging the Tennessee Supreme Court to uphold a statutory limit on excessive punitive damages awards. The policy was implemented as a result of the expanding availability, size and unpredictability of those awards. Businesses are at a risk of significant and unwarranted liability exposure without a statutory limit on punitive damages. The NAM’s brief argued that statutory limits are needed to temper the expansion of punitive damages awards and that not only is the statutory limit on punitive damages constitutional, but it also promotes public confidence in the civil justice system and promotes sound economic policy. The Tennessee Supreme Court did not decide the constitutionality of the statute but remanded the case back to the lower court, which found that the law is consistent with the right to jury trial and separation of powers under the Tennessee Constitution.