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ESTATE OF McCALL EX REL. McCALL v. U.S.

No. 09-16375.

642 F.3d 944 (2011)

ESTATE OF Michelle Evette McCALL, By and Through Co-Personal Representatives Edward M. McCALL II, Margarita F. McCall and Jason Walley, Edward M. McCall, Margarita F. McCall, Jason Walley, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 27, 2011.

Attorney(s) appearing for the Case

Robert S. Peck , Center for Constitutional Litigation, PC, Washington, DC, Henry T. Courtney , Sara Courtney Baigorri, Courtney Law Firm, Coral Gables, FL, for Plaintiffs-Appellants.

Daniel J. Lenerz , Thomas M. Bondy , U.S. Dept. of Justice, Civ. Div., Washington, DC, Pamela A. Moine , Pensacola, FL, E. Bryan Wilson , Tallahassee, FL, for Defendant-Appellee.

George Nicholas Meros, Jr. , Allen C. Winsor , Andy V. Bardos , Gray Robinson, P.A., Tallahassee, FL, for amicus curiae.

Before EDMONDSON, and MARTIN, Circuit Judges, and HODGES, District Judge.

MARTIN, Circuit Judge:

The central question presented in this appeal is whether Florida's cap on noneconomic medical malpractice damages, Fla. Stat. § 766.118, violates the Florida or United States Constitutions. The Estate of Michelle McCall, Ms. McCall's parents, and the father of Ms. McCall's son (collectively "Plaintiffs") also appeal the District Court's application of that statutory cap. After thorough review and...

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