September 23, 2010

Bad Day for Plaintiffs At Miss. S. Ct.– Court Saves Caps Question for Another Day

Saturday Update: The title is a poor choice of words. People are interpreting it as meaning that the decisions were bad for plaintiffs in other cases. That is not what I meant.

I meant that the decisions were bad for the plaintiffs in these cases. I did not mean that the decisions were anti-plaintiff or made changes in the law that are bad for plaintiffs in other cases.

Plaintiff’s lost two substantial verdicts today at the Miss. S. Ct.

The much anticipated Lymas v. Double Quick case involving a challenge to Mississippi’s damages caps was reversed and rendered on liability. Here is the opinion. Here is the early report by Scoop Bardwell.

Meanwhile, Jackson attorney Ashley Ogden had a $3 million Hinds County premises liability verdict reversed and remanded. Here is the opinion.

I will have commentary on these major decisions in a later post.

Update: I’ve now read the opinions and judge them [pardon the pun] to be well written and very interesting. Neither case makes substantive changes to premises liability law.

Tom Freeland (NMC) invented the wheel on the analysis of the Double Quick case. Here is his post about the decision, which links his prior posts that correctly predicted that the plaintiff would lose on liability and that the Court would not reach the caps issue.

Here is my report on the oral argument in Double Quick, where I noted that the Justices focused on liability issues. Freeland predicted that the case would fall on liability well before the oral argument.

The Ogden case (Rebelwood Apartments) wasn’t even decided on premises liability concepts. It went down based on evidentiary and Daubert issues.

I hope to discuss each case individually next week.

Finally, an honest to goodness jury verdict report is coming to Mississippi. I have seen the first issue and will link it next week. It should be a great resource for Mississippi lawyers and will give us much more systematic reporting on verdicts than the current haphazard reporting in newspapers, blogs and courthouse rumor mills.

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