June 4, 2009

Update on Two Hinds County Jury Verdicts

I was able to obtain more information on the recent $4.6 million jury verdict in Hinds County Circuit Court. It is my understanding that the defendant was Baptist Hospital and one or more physicians, but that the verdict was only against the hospital. It was a wrongful death case where the plaintiff’s records disclosed that she was allergic to latex, but the hospital used latex gloves in her surgery, causing her to die. The decedent was a young attorney employed by the Department of Human Services and the case was a pre-tort reform cap case. Since the decedent was and attorney, the plaintiff would have been able to prove substantial economic damages.

The Plaintiffs did not ask that the case proceed to a punitive damages phase. Plaintiff’s attorneys at trial were Joey Diaz and Dennis Sweet of Jackson. Judge Kidd was the trial judge.

In a separate case, I understand that there was an 11-1 defense verdict in Hinds County last week in a nursing home case. Sharon Bridges with Brunini was on the defense side and plaintiff’s attorneys included John Hawkins and Precious Martin.

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Sun Herald reports on southern dist. U.S. attorney slot

According to an article in today’s Sun Herald:

U.S. Rep. Bennie Thompson’s office has made nominations for U.S. attorney positions in Mississippi and awaits action from President Barack Obama, who must fill a large number of open slots.

Thompson’s office wouldn’t provide any details of who was recommended. The recommendations were made to the president between January and March. For now, they wait on word from Washington, where those recommendations are being vetted.

The story referred to speculation on blogs regarding the candidates for the southern district nomination, citing Jackson attorney Kathy Nester, Natchez attorney Deborah McDonald and Jackson attorney Dorsey Carson as the potential nominees for the southern district slot. A Thompson staffer confirmed that the process is still in the early phase.

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Colson update: Parties want Wachovia interpleader to stay in federal court

In the Colson-Wachovia interpleader action many of the parties want the action to remain in federal court. Advanced Title and Escrow filed this response on Wednesday. Advanced Title argues that jurisdiction is proper in federal court under the federal interpleader statute, since there is “minimal” diversity. Advanced concedes that case law does not clearly support its argument.

Lawyer’s Title also filed this response on Wednesday. Like Advanced, Lawyer’s Title argues that the federal interpleader statute grants the court jurisdiction because there are two are more claimants of diverse citizenship and there is no requirement of complete diversity of citizenship in an action under the federal interpleader action.

I am not familiar with the concept of minimum diversity, but the responses are well written and the arguments seem decent. From reading the briefs (but not the cited authorities) it looks like this is an area where there is not a lot of case law and Judge Ozerden could go either way without being clearly wrong.

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