|Missouri Supreme Court Building|
This case, Overbey v. Chad Franklin National Auto Sales, involved a cause of action created by statute, namely, the Missouri Merchandising Practices Act (MMPA). The court ruled that, because the Missouri legislature created the MMPA cause of action, the legislature had authority to set limits on the remedies permitted under statute. The court expressly declined to address the constitutionality of the statute as applied to common law causes of action. (See footnote 3 on page 16.) Two justices dissented, taking the position that any cap on punitive damages violates the constitutional right to a jury trial.