Do principles of cooperative federalism, judicial efficiency, and concern for the consistent application of state law compel the Sixth Circuit to certify to the Tennessee Supreme Court three questions of Tennessee law?

QUESTIONS PRESENTED The Sixth Circuit has struck down Tennessee’s statutory cap on punitive damages. It did so as a matter not of federal law, but as a matter of its own interpretation of the Tennessee Constitution. On June 19, 2019, in McClay v. Airport Mgmt. Services, LLC, No. the Tennessee Supreme Court accepted certification of the closely related question of whether Tennessee’s non-economic damages cap is consistent with the Tennessee Constitution. That ruling will likely provide clear guidance on the two state constitutional law issues in this case. The questions presented are: 1. Do principles of cooperative federalism, judicial efficiency, and concern for the consistent application of state law compel the Sixth Circuit to certify to the Tennessee Supreme Court three questions of Tennessee law that the Tennesse Supreme Court specifically indicated it was willing to consider, all of which determine liability and the scope of relief in this case, none of which had previously been addressed by the Tennessee Supreme Court, and two of which concern the Tennessee Constitution. 2. In the alternative to setting this case for briefing and argument on the merits, should this Court hold this petition with a view to granting, vacating, and remanding to the Sixth Circuit to reconsider in light of the Tennessee Supreme Court’s disposition of McClay v. Airport Mgmt Services, LLC. II PARTIES IN THE COURT OF APPEALS In addition to the parties listed on the cover, the State of Tennessee appeared as an _ intervenorappellee.