fbpx
Menu Close

Hinton v. Sportsman’s Guide, Inc.

No 2018-CA-00043-SCT Timothy Hinton fell from his deer stand while hunting despite using a fall-arrest system which was designed to prevent falls.  Plaintiffs sued the retail store who sold the product.  However, Mississippi’s product liability law includes an innocent-seller provision which protects “innocent sellers who are not actively negligent” prohibiting liability “in any action caused by a product.”  Therefore, plaintiffs may have a claim against the manufacturer of a defective product but not the “innocent seller” as the law states that “it is the intent…

Insurer Says Number of $10M+ Verdicts Have Tripled Over Past Three Years

In a new Financial Times report, an insurance executive said the number of verdicts that exceed $10 million have tripled over the past three years. Rob Francis of ProAssurance said there is “a growing social mood” amongst juries to levy massive awards, which makes the “demands of the plaintiffs’ lawyers go up.” Another insurance analyst with the Keefe, Bruyette & Woods investment firm says the rise of third party litigation funding, through which bankers fund lawsuits in hopes of a cut of the payout, may encourage…

Litigation Funders Poised For Major Investment Infusion

A new survey found that litigation funders have a staggering $9.52 billion under management in the U.S. and are actively seeking new portfolio-style deals, Law360 reports. The “Litigation Finance Buyer’s Guide,” compiled by litigation funder and advisor Westfleet Advisors, found that despite the high number of reserves, there is only $2.33 billion behind ongoing litigation. Westfleet Co-founder Charles Agee said litigation funders may be “more willing to invest in cases they would have turned down two years ago” due to deadlines that may cause them to…

The Lawyer Enrichment Act

The Wall Street Journal editorial board says “trial lawyers lose the most from arbitration” in a new piece on a House-passed bill that would restrict the use of arbitration between businesses and employees. The U.S. House of Representatives passed the Forced Arbitration Injustice Repeal Act last week, which would ban arbitration agreements in many instances, on a mostly party-line vote. The votes come after another attempt to weaken arbitration was blocked by the U.S. Supreme Court this past April.Banning arbitration would send many disputes to class action…

Safeco v. State of MS ex rel. Jim Hood

2017-IA-01554-SCT (August 22, 2019) MS Supreme Court rejects Judge Tommie Green’s taking case away from another trial judge and appointing New Orleans attorney to act as judge The Mississippi Supreme Court vacated and remanded Hinds County Circuit Court Judge Tommie Green’s unprecedented rulings wherein she reassigned to herself a case that was assigned to another judge and then appointed a special master, a New Orleans-based attorney, to serve as a special judge with overreaching powers that would have resulted in the violation of the Mississippi…

Edwards v. Coca Cola Bottling Co. United Inc.

2018-CA-00565-SCT (March 7, 2019) Mary Edwards sued Coca-Cola following its employee striking her with his cart while she was shopping as he stocked shelves as a Wal-Mart vendor.  She alleged that she suffered back injuries from the accident, causing her debilitating mental and emotional distress. During discovery, she denied ever having previous back injuries.  She testified under oath that before the accident that she “never really had a back problem,” had never sought medical treatment for her back and that no one had ever told…

F&S Sand, Inc. v. Stringfellow

2017-IA-00962-SCT (Feb. 28, 2019) Ted Stringfellow worked as a sandblaster throughout the southeast.  He was diagnosed with silicosis in 2014 and filed a complaint in Jefferson County Circuit Court against numerous silica defendants.  The Defendants argued in their motion for summary judgment that the three (3) statute of limitations had expired as the time period began to run when the plaintiff “has discovered, or by reasonable diligence should have discovered” the disease, as required by statute that codified the common law “discovery rule.”  The trial…

Senators Introduce The Litigation Funding Transparency Act

National Law Journal reports that Sens. Chuck Grassley (R-IA), John Cornyn (R-TX), Thom Tillis (R-NC), and Ben Sasse (R-NE) reintroduced the Litigation Funding Transparency Act, which would require third party litigation funding arrangements to be disclosed in litigation. The bill would require disclosure in class action and multidistrict litigation within 10 days of a case filing or 10 days after the closure of a funding deal. The bill also applies to lawsuit lending, which is the practice of firms offering up-front cash to plaintiffs in exchange for…

“Click, Then Sue”: How a Robocall App Acted as a Lawyer Referral Service

Legal Newsline reports in Forbes that a robocall complaint app was actually operating as an unapproved lawyer referral service in Florida. The story details a user’s experience with an app called Block-It, which was designed to block unwanted calls, but actually texted the user information about Telephone Consumer Protection Act lawyers in Florida. The man received an erroneous call from Ally Financial that was actually intended for the previous owner of the phone number and submitted a complaint on the app. He later received a text with…

Norman v. Anderson Regional Medical Center

No. 2017-CA-00153-SCT January 24, 2019 Charles Norman, Sr. suffered a stroke while admitted as a patient at Anderson Regional Medical Center.  He filed a lawsuit claiming that he could have benefited from a “clot-buster” drug if the hospital nursing staff had reported it to a physician earlier than they did.  The Hospital denied that the patient was ever a candidate for the drug.  The Circuit Court of Lauderdale County granted the Hospital’s motion for summary judgment, finding that the plaintiff failed to meet his burden…