National Center for State Courts

 

Improving Justice through Leadership
and Service to the Courts

     

  

Mississippi Mass Tort Survey

    

 

   

Mass Tort
Mississippi
Survey Results



Tracking and/or reporting of mass tort cases

Civil cover sheet includes a mass tort section. 

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Definition of "mass tort"

Mass torts listed on the civil cover sheet: 

  • Asbestos

  • Chemical spill

  • Dioxin

  • Hand/arm vibration

  • Hearing loss

  • Radioactive materials

  • Other 

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Procedural rules

Mississippi is one of three states that never adopted Fed. R. Civ. P. 23 as part of its state rules of civil procedure. Despite Miss. Code Ann. §11-53-37 providing for attorney's fees if there was a class action, USF&G Ins. Co. v. Walls.


Miss. R. App. P. 5. Interlocutory appeal by permission.

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Statutes

Mississippi Code § 11-53-37. Costs in class suits. (Provides for costs in class action suits in the Mississippi chancery courts, in spite of the fact that Mississippi has no Rule 23.)


Mississippi Code § 11-51-3. Appeals to Supreme Court.


Mississippi Code § 9-4-3. Jurisdiction of court; issuance of decisions.


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Case law

USF&G Ins. Co. v. Walls, 2005 Miss. LEXIS 326. At issue was whether, despite the omission of a rule on class actions, such actions could be heard at equity. Caselaw suggested that class actions could be heard at equity, but the absence of rule or statute providing for class actions was held to be a bar to class actions in Mississippi.

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Administrative orders

Supreme Court Order dated October 25, 2000, requires parties filing in Circuit, Chancery, and County Courts to file Form AOC/01 (Rev'd 10/00). This form is the cover sheet for civil case filing, and it is required for data collection purposes.

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Interlocutory appeal

McGriggs v. Montgomery, 710 So. 2d 886. Litigant may petition for appellate review of a trial court's interlocutory ruling. Miss. R. App. P. 5.

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Infrastructure: special dockets

None known.

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Infrastructure: task forces, commissions, or other policy-level bodies

Task Force on Local Government Information Systems (LoGIS). Roster of members, meetings, HB992, reports, surveys, available on the Mississippi courts site.

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Case management

None known.

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Technology

Task Force on Local Government Information Systems (LoGIS). Roster of members, meetings, HB992, reports, surveys, available on the Mississippi courts site.

Electronic Data Interchange (EDI) civil master document.

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Last Modified: 8/28/2006 6:06:54 PM

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