Out of State Claims Get Tossed in Mississippi

Article Added April 19th, 2006 - Print This Story - Bookmark This Story

The Mississippi Supreme Court has thrown out 18 claims for out of state plaintiffs for asbestos lawsuits. The claims were against the 3M Company, which has more local claims against them.

The Supreme Court ruled 6-1 that a trial judge had erred in saying the cases would be heard in Holmes County Circuit Court, which lacks the required interest in the out-of-state appellees claims. A Justice said it would be a waste of time and money for the cases to be heard in Mississippi, since none of the plaintiffs live in Mississippi, nor did the injuries occur in the state. A 19^th case is under scrutiny to be heard in Mississippi, since the injury was incurred in Attala County.

Most of the 18 plaintiffs incurred exposure in Illinois, while the other plaintiffs also cite Minnesota, Missouri, Colorado and North Carolina. The Mississippi courts would have to apply not only state law to the cases if heard, but would also have to work under the laws of the states cited. The result would be seven different liability statutes, different jury instructions and different verdicts, possibly resulting in the case being thrown out over the confusion of the jury.

Article Added April 19th, 2006 - Print This Story - Bookmark This Story

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