The September issue of the Miss. Jury Verdict Reporter reflects a not too bad month for plaintiffs. Reported cases included:
- $2,580,000 verdict Hinds County premises case discussed in this post;
- $130,854 verdict in Hinds County underinsured motorist case;
- $171,000 verdict in DeSoto County underinsured motorist case;
- $93,440 verdict in Jackson federal court civil rights excessive force case discussed in this post;
- $3,000 verdict in Oxford federal court gender discrimination case;
- $50,000 verdict in Lee County truck litigation case;
- $20,000 verdict in Harrison County car wreck case;
- defense verdict in Oktibbeha County medical malpractice case;
- defense verdict in 2010 Montgomery County medical malpractice case; and
- directed verdict in 2011 Monroe County dog bite case.
My Take:
Is that verdict a record for Lee County?
Not a lot here for plaintiffs or their attorneys to get excited about other than avoiding a shut-out in the majority of cases. Except for rare exceptions, Mississippi juries are not rendering large damages verdicts. On top of that, the Mississippi Supreme Court and Court of Appeals have been reversing a lot of plaintiff verdicts in the last couple of years.
I get asked a lot by depressed defense lawyers what will it take for the litigation climate to improve in Mississippi so that plaintiff attorneys will file more cases. My response is that it will take something that is not going to happen.
Conservative jurors, conservative trial court judges and a conservative Supreme Court and Court of Appeals are factors. But not to be overlooked is the lack of class actions or mass joinder in Mississippi and the fact that so many large-scale cases wind up in federal court and transferred to an out-of-state MDL proceeding.
There will always be some litigation and a need for some litigation attorneys in Mississippi. But the future for large-sized litigation practices in Mississippi is bleak. Particularly when compared to the heyday of a decade ago.
s/
Mr. Sunshine