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

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

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

She was awarded $4 million after a federal jury determined Searswas at fault, but the finding was not broken down to determine whatwas non-economic damage.

The parties agreed on more than $2 million for non-economicdamages, but the judge ruled the award would be reduced to $1million in line with the state's law.

The court has given both parties until Dec. 3 to file theirre-briefs.

The state caps noneconomic damage at $1 million except in casesof medical-liability action, which are capped at $500,000.

Non-economic damages, under Mississippi law, do not includepunitive damages.