Mississippi Litigation Review & Commentary

Mississippi Litigation Review & Commentary

Comments on the Latest Developments in Mississippi Civil Litigation

Philip is a trial attorney based in Jackson, Mississippi with a diverse civil litigation practice.

Tag Archives: silica litigation

Miss. Supreme Court Reverses and Renders Jefferson County Silica Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed and rendered a $13 million judgment in American Optical Corporation v. Rankin. This was a Jefferson County silica case where the date of the judgment was February 24, 2015. The Court reversed on a statute of limitations issue. The plaintiff filed suit in 2013. Defendant argued that the… Continue Reading

Miss. Court of Appeals Affirms Million-Plus Silica Verdict

Posted in Appellate Decisions From Jury Verdicts, Improving the Jury System, Mississippi Court of Appeals
On Tuesday the Mississippi Court of Appeals affirmed a $1,095,000 Hinds County jury verdict in Barnett v. Miss. Valley Silica Co. Here is my brief post in October 2012 reporting on the verdict. The decedent worked near sandblasting at Miss. Iron and Steel Co. on High Street in Jackson. He alleged that Valley Silica failed… Continue Reading

Mississippi Supreme Court’s Reversal of $2.6 Million Judgement Shows Why State Courts Need Better System for Jury Instructions

Posted in Appellate Decisions From Jury Verdicts, Improving the Jury System, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed and remanded a $2.6 million judgment in Miss. Valley Silica Co. v. Eastman in a 6–3 decision. Here is the Court’s opinion. The Court’s decision stemmed from a 2010 silica trial in Warren County that resulted in a $7.6 million jury verdict. The trial court reduced the verdict… Continue Reading

Defense Verdict in Claiborne County Silica Trial Oral Argument Today in Drilling Mud Verdict Appeal

Posted in Mississippi Supreme Court, Verdicts in Mississippi
HarrisMartin is reporting that last week a Claiborne County jury rendered a defense verdict in favor of Empire Abrasive Equipment Corp. in a silica trial. According to the portion of the article that I have access to: A jury in Claiborne County, Miss., has found for the sole trial defendant in the latest silica injury… Continue Reading

Confusing Plaintiff Verdict in Claiborne County Silica Trial

Posted in Verdicts in Mississippi
A Claiborne County jury returned a confusing plaintiff verdict Friday afternoon in the silica trial I have been following. The jury’s total verdict awarded total damages of $750,000 and apportioned 10% fault to the defendant MSA. So the plaintiff gets $75,000 right? It’s not that simple. The plaintiff’s proof and request was for $119,000 in economic… Continue Reading

Plaintiff Brings Closer in from Bullpen in Claiborne County Silica Trial

Posted in General
Reports from Port Gibson are that the plaintiff in the Claiborne County silica trial went to the bullpen yesterday and called in……Dennis Sweet of Jackson.  Yep. The big right-hander entered the ballgame courtroom Wednesday afternoon representing the plaintiff. I didn’t know that Sweet was coming out of the pen.   My earlier post on the ongoing silica trial… Continue Reading

Silica Trial Ongoing in Claiborne County

Posted in General
There is a silica trial taking place this week in Claiborne County. The plaintiff claims that he was exposed to silica at the Grand Gulf Power Plant. I understand that there are concerns that there could be a mistrial ordered due to the Mississippi River flooding in Claiborne County. Apparently, water is at Hwy 61 near the… Continue Reading

Warren County Silica Trial Results in $7.6 Million Plaintiff Verdict

Posted in Verdicts in Mississippi
Today a Warren County jury awarded a plaintiff $7.6 million in a silica trial before Judge Isadore Patrick. The verdict included $4.6 million in compensatory damages and $3 million in punitive damages. The trial started last week. It is unclear how Mississippi’s damages caps may affect the amount of the verdict. There is a photograph of silica… Continue Reading

Silica Litigation Revisited: Wall Street Journal Credits Wrong Guy

Posted in General, National Politics, Politics in Mississippi
The Saturday edition of the Wall Street Journal contained an article on the rise and fall of silica litigation. WSJ writer Kimberly Strassel credits U.S. Silica CEO (and former attorney) John Ulizio with single-handedly exposing silica litigation as a fraud. The truth is more complicated and a lot different. Plaintiffs began filing silica cases in Mississippi in approximately late 2001.… Continue Reading