On Thursday a divided Mississippi Supreme Court denied rehearing in the State v. Sandoz, Inc. average wholesale price case. The case was an appeal from a $30 million bench verdict in Rankin County.The verdict included $3,750,000 in punitive damages.

There was no opinion. The decision appeared on the Court’s hand-down list.

You can read my original posts on the case here and here.

Here is Patsy Brumfield’s article on the ruling on Mississippi Today.

Justices Kitchens, King, Randolph and Beam voted to deny rehearing. Justices Dickinson, Lamar and Coleman would have granted rehearing. Chief Justice Waller and Justice Maxwell did not participate.

Former Justices Chandler and Pierce, who participated in the original decision, are no longer on the Court. Their votes split in the original decision with Justice Chandler writing the majority opinion.

My Take:

It will be interesting to see how many defense lawyers pretend like this opinion never happened when explaining how the Court is guaranteed to reverse any large verdict a plaintiff happens to get in state court.