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The NAM filed an amicus brief urging the full U.S. Court of Appeals for the Sixth Circuit to rehear a decision that invalidated Tennessee’s statutory limit on excessive punitive damages awards. A Sixth Circuit panel ruled that the limit on punitive damages was contrary to the Tennessee Constitution because it violated the right to a jury trial and separation of powers. If upheld, manufacturers facing lawsuits under Tennessee law will be exposed to significant and unwarranted liability exposure. The NAM’s brief argued that the ruling is inconsistent with Tennessee’s longstanding presumption that statutory enactments are constitutional, contrary to the vast majority of state courts and conflicts with every federal circuit that has considered the constitutionality of a state limit on damages. In 2016, the NAM filed two other amicus briefs in this line of cases. On March 28, 2019, the court denied en banc review.