Bayer Can Still Win Case Against Mississippi For Same Reasons as Earlier Ruling
Last week in State v. Bayer Corp. the Mississippi Supreme Court revived the State’s lawsuit against Bayer for defrauding the state Medicaid program.
As noted by Will Bardwell, the reversal was based on a technicality where the trial court considered evidence outside the pleadings without converting the 12(b)(6) motion to dismiss to a motion for summary judgment. The reasoning for the distinction is that if the court considers matters outside the pleadings, then the responding party has a right to notice and the opportunity to submit other evidence. It’s purely a procedural issue and it is possible for Bayer to still win the lawsuit for one of the reasons as before.
Justice Kitchens wrote the Court’s opinion. Chief Justice Waller concurred and Justice Dickinson joined in the concurrence. The concurrence argues that there are occasions where the trial court can consider matters outside the pleadings, such as an insurance policy attached to the Complaint. The concurrence agreed that the exception did not apply in this case.
Governor Ronnie Musgrove and a cast of thousands from Copeland Cook represented the State. Michael Doss and a bunch of other lawyers from Watkins Eager represented Bayer.
