A federal court has asked attorneys in a personal-injury lawsuit challenging the constitutionality of Mississippi's $1 million cap on non-economic damage to present new briefs on the issue.

The Associated Press reports that the 5th Circuit Court of Appeals in New Orleans has asked the attorneys in the case (Learmonth v. Sears, Roebuck and Co., 06-CV-128) to re-file their briefs because it has been two years since the original filing and the court wants new information that has come to light since the appeal was filed.

The plaintiff, Lisa Learmonth, filed the lawsuit in 2006 after an accident with a Sears van near Philadelphia, Miss. in 2005.

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