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Tag Archives: tort

Lawsuit settled involving state's cap on non-economic damages

JACKSON — The parties in a lawsuit challenging the constitutionality of a legislatively imposed cap on how much juries can award in non-economic damages say they have settled the case. Oral arguments had been set for tomorrow in Jackson before the Mississippi Supreme Court. The Supreme Court canceled the hearing and allowed the parties 90 days to finalize the settlement. ...

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'King of Torts' has finally abdicated

The legal saga of Richard “Dickie” Scruggs is finally over. The U.S. Supreme Court has chosen not to hear an appeal from the former attorney who earned the nickname “King of Torts” and amassed a fortune from the tobacco-related lawsuits in the 1990s. Scruggs, who practiced out of Oxford, pleaded guilty to trying to influence a Mississippi judge back in ...

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Judge upholds state's tort cap, but criticizes law

JACKSON — A federal judge has upheld Mississippi’s cap of $500,000 on noneconomic damages in medical malpractice cases. The ruling came in a wrongful death lawsuit filed by the family of a woman and her unborn baby who died after being denied potential lifesaving treatment at a hospital on the Choctaw Reservation in Neshoba County. U.S. District Judge Carlton Reeves ...

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Appeal of lawsuit against 'King of Torts' authors reinstated

JACKSON — The Mississippi Supreme Court has reinstated the appeal of a lawsuit against a former federal prosecutor and a political blogger over a book they co-wrote about the judicial corruption case involving former attorney Richard “Dickie” Scruggs. In 2011, FBI agent Hal Neilson sued authors Tom Dawson and Alan Lange and a publishing company. The lawsuit alleged Dawson, a ...

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Governor weighs in on tort reform; files documents

JACKSON — Gov. Phil Bryant says scrapping Mississippi’s tort reform laws would hinder economic development and cost the state the jobs that it brings. He makes the argument in new court papers that ask a federal court to uphold the constitutionality of a $1 million cap on non-economic damages. The lawsuit, first filed in 2006, claims Mississippi’s $1 million cap ...

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Tort reform case will probably have to wait until 2013

JACKSON — Resolution of a long-running Mississippi personal injury lawsuit that challenges the constitutionality of a portion of the state’s tort laws is not expected before next year. The lawsuit, first filed in the federal court in 2006, contends Mississippi’s $1 million cap on non-economic damages is unfair. The cap was put into place a decade-ago amid complaints that Mississippi ...

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Ex-USM instructor files lawsuit with multiple allegations

HATTIESBURG — A former University of Southern Mississippi faculty member has brought numerous civil claims against the university, asking for reinstatement and unspecified actual and compensatory damages in a lawsuit removed to U.S. District Court. The Hattiesburg American reports Bonnie Gerald also lists former university president Martha Saunders, former provost Robert Lyman and faculty members Kathy Yadrick and Mike Forster ...

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Judge considers arguments in damage cap lawsuit

NEW ORLEANS — Each side in a Mississippi tort case has urged a federal appeals court to decide in its favor. The Mississippi Supreme Court ruled last week it does not have enough information to decide whether the state’s limit on noneconomic damages — as applied to a federal lawsuit — is constitutional. The 5th U.S. Circuit Court of Appeals ...

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Court: Not enough info to make ruling on tort cap

JACKSON — The Mississippi Supreme Court says it does not have enough information to decide whether the state’s limit on noneconomic damages — as applied to a federal lawsuit — is constitutional. The 5th U.S. Circuit Court of Appeals in New Orleans, which is considering an appeal of a damage award against Sears, Roebuck and Co., asked the Mississippi high ...

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State judge declares tort cap unconstitutional; criticizes Legislature

CLARKSDALE — A state judge in Coahoma County has declared a legislatively imposed cap on non-economic damages unconstitutional. Circuit Judge Charles Webster issued the ruling April 20 in a 14-page opinion. He criticized the Legislature for intruding into judicial authority. Webster’s ruling came in a motion filed by Cleveland attorney Ralph E. Chapman in lawsuit seeking damages stemming from the ...

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