Jimmy Gates with the Clarion-Ledger has this article about the Mississippi Supreme Court’s recent decision rejecting a petition to adopt Rule 23, which would permit class actions in state court.
Judge Primeaux’s blog post on Monday explains why enacting Rule 23 was not popular. He states:
Before I am flooded with comments along the lines of “Mississippi is the only state without a class-action rule,” and “We are out of step again,” let me point out that I am a member of the MSSC’s Advisory Committee on Rules, and have been since 2010. The committee membership includes plaintiffs’ and defense lawyers, an assistant AG, a public defender, 2 each circuit and chancery judges, a county-court judge, and an appellate judge. I am on the subcommittee that exhaustively studied the proposal, including reading scholarly articles on the subject and studies of other states’ rules. We even interviewed proponents of each side of the debate, something we have not done before during my time on the committee. The proposal was discussed in depth. The unanimous conclusion of the subcommittee (with one abstention) was that the federal Class Action Fairness Act of 2005 (CAFA) has had the effect of making almost all class-action suits removable to federal court, obviating the need for a state rule. The full committee voted unanimously (with one abstention) that the proposed rule not be adopted.
I never could get worked up over this issue. Are state court class actions really a thing somewhere?
Don’t get me wrong, I’d rather have them than not have them because it might help business for Mississippi attorneys. But I don’t know that this is a big deal.