MISSISSIPPI REFORMS

Appeal Bond Reform: (2001).  The Mississippi Supreme Court, acting on its own motion, imposed a $100 million limit on the amount that defendants can be required to post to secure a bond to appeal large punitive damages verdicts.

Civil Immunity: HB 1084 (2003).  Provides civil immunity for parties that clean up EPA Superfund sites.

Civil Immunity: HB 1312 (2003).  Provides civil immunity to sponsors and advertisers of community events.

Frivolous Lawsuit Sanction: HB 772 (1988).  Allows a court to assess transaction costs and attorneys’ fees for frivolous claims or defenses.

Good Samaritan Protection: HB 775 (1988).  Protects volunteers from liability.

Innocent Seller/Product Liability Reform: H.B. 13 (special session) (2004).  Provides that the seller of a product, other than a manufacturer, cannot be held liable unless the seller had substantial control over the harm causing aspect of the product, the harm was caused by a seller’s alteration or modification of the product, the seller had actual knowledge of the defective condition at the time the product was sold, or the seller made an express warranty about the aspect of the product which caused the plaintiff’s harm.

Joint Liability Reform: H.B. 13 (special session) (2004).  Abolishes joint and several liability.  Provides that defendants are not responsible for any fault allocated to an immune tortfeasor or a tortfeasor whose liability is limited by law.

Joint and Several Liability Reform: HB 1171 (1989): Miss. Code Ann.  § 85-5-7(2).   Provides that the rule of joint and several liability only applies to the extent necessary for the injured party to receive 50% of his or her recoverable damages.

Jury Service Reform: S.B. 2488 (2006).  Postpones the enactment of the jury service portion of H.B. 13 (2004) until January 1, 2008.  H.B. 13 established a lengthy trial fund to compensate jurors up to $300 per day, starting on the eleventh day of service.  In such circumstances, jurors who can show hardship may also receive compensation of up to $100 per day from the fourth through tenth days of service.  Specified circumstances under which jurors may be excused from service.  Provided for penalties for those who fail to appear: fines up to $500 and/or three days imprisonment, or alternatively community service.

Jury Service Reform: H.B. 13 (special session) (2004).  Establishes a lengthy trial fund to compensate jurors up to $300 per day, starting   on the eleventh day of service.  In such circumstances, jurors who can show hardship may also receive compensation of up to $100 per day from the fourth through tenth days of service.  Specified circumstances under which jurors may be excused from service.  Provided for penalties for those who fail to appear: fines up to $500 and/or three days imprisonment, or alternatively community service.

Jury Service Reform: HB 774 (1988).  Removes the exemption from jury service previously enjoyed by doctors and lawyers.

Medical Liability Reform: Certificate of Merit: H.B.2 (special session) (2002).  Requires a plaintiff’s attorney to file a certificate of consultation, unless a plaintiff is unable to obtain an expert after three tries.

Medical Liability Reform: Government Employee Protection: H.B.2 (special session) (2002).  Includes doctors at UMC, the Veterans Affairs Board and IHL campuses in the definition of employee for protection under the Tort Claims Act.

Medical Liability Reform: Immunity: FDA-Approved Drugs: H.B.2 (special session) (2002).  Provides immunity absent active negligence to physicians and other licensed professionals who prescribe drugs in civil actions alleging damages caused by prescription drugs.

Medical Liability Reform: Good Samaritan Protection: H.B.2 (special session) (2002).  Protects certain health care providers who provide health services at schools and physicians who render medical services under a special volunteer medical license from liability.

Medical Liability Reform: Joint and Several Liability Reform: H.B.2 (special session) (2002).  Replaces the rule of joint and several liability with the rule of proportionate liability for noneconomic damages (that is, limit a joint tortfeasor’s liability for noneconomic damages to his percentage of fault).  Replaces the rule of joint and several liability with the rule of proportionate liability for economic damages, where the defendant is found to be less than 30% at fault.  Replaces the rule of joint and several liability with a rule that allows a joint tortfeasor to be held up to 50% responsible for economic damages, where the defendant is found to be at least 30% at fault.

Medical Liability Reform: Noneconomic Damages Reform: H.B. 13 (special session) (2004).  Establishes a hard cap of $500,000 on noneconomic damages in medical liability cases (the $500,000 cap that was passed during a special session in 2002 contained an escalator clause which would have raised the cap to $750,000 in 2011 and $1 million in 2017).      

Medical Liability Reform: Noneconomic Damages Reform: H.B.2 (special session) (2002).  Limits noneconomic damages to $500,000 until July 1, 2011, $750,000 from July 1, 2011 until July 1, 2017, and $1 million after July 1, 2017, not adjusted for inflation, unless a judge were to determine that a jury could impose punitive damages. Prohibits the disclosure to a jury of the noneconomic damages limit.

Medical Liability Reform: Statute of Limitations: H.B.2 (special session) (2002).  Reduces the statute of limitations for actions against nursing homes to two years and requires 60 days of notice of any lawsuit against nursing homes.

Medical Liability Reform: Statute of Repose: SB 2192 (1998).  Establishes a seven-year statute of repose in medical liability actions and creates exceptions for fraudulent concealment and foreign objects.

Medical Liability Reform: Venue Reform: H.B.2 (special session) (2002).  Limits venue in medical liability actions to the county where the cause of action occurred.

Noneconomic Damages Reform: H.B. 13 (special session) (2004).  Limits the recovery of noneconomic damages in all civil cases, with the exception of medical liability actions, to $1 million.

Premises Liability: H.B. 13 (special session) (2004).  Abolishes civil liability for premises owners for death or injury to an independent contractor or their employees if the contractor knew or should have known the danger that caused the harm.

Product Liability Reform: HB 1270 (1993).  Requires product liability cases to be based on a design, manufacturing or warning defect, or breach of an express warranty, which caused the product to be unreasonably dangerous.  Provides that a product that contains an inherently dangerous characteristic is not defective if the dangerous characteristic cannot be eliminated without substantially reducing the product’s usefulness or desirability and the inherent characteristic is recognized by the ordinary person with ordinary knowledge common to the community.  Provides that a manufacturer or seller cannot be held liable for failure to warn of a product’s dangerous condition if it was not known at the time the product left the manufacturer’s or  seller’s control.  Completely bars from recovery a plaintiff who knowingly and voluntarily exposes himself or herself to a dangerous product condition if he or she is injured as a result of that condition.  Relieves a manufacturer or seller from the duty to warn of a product that poses an open and obvious risk.  Provides that a properly functioning product is not defective unless there was a practical and economically feasible design alternative available at the time of manufacture.  Provides for indemnification of innocent retailers and wholesalers. 

Punitive Damages Reform: H.B. 13 (special session) (2004).  Modifies and lowered some caps on punitive damages, based upon the net worth of a defendant.

•       $20 million for a defendant with a net worth of more than $1 billion;

•       $15 million for a defendant with a net worth of more than $750 million but not more than $1 billion

•       $5 million for a defendant with a net worth of more than $500 million but not more than $750 million (new law);

•       $3.75 million for a defendant with a net worth of more than $100 million but not more than $500 million (new         law);

•       $2.5 million for defendants with a net worth of more than $50 million but not more than $100 million (new law);

•       Two percent of the defendant’s net worth for a defendant with a net worth of $50 million or less (new law).

Punitive Damages Reform: HB 1270 (1993): Miss. Code Ann. § 11-1-65(1)(a).  Requires a plaintiff to prove punitive damages by “clear and convincing” evidence.  Requires the determination of awards for punitive damages to be made in a separate proceeding.  Prohibits the award of punitive damages in the absence of compensatory awards.  Prohibits the award of punitive damages against an innocent seller.  Establishes factors for the jury to consider when determining the amount of a punitive damages award.

Statute of Limitations Reform: HB 1171 (1989).   Reduces  the statute of limitations from 6 years to 3 years.  Provides that cases that cannot be maintained in other states because of the lapse of time will not be allowed in Mississippi.

Venue Reform: H.B. 13 (special session) (2004).  Provides that civil suits may be filed in the county where the defendant resides (in the case of a corporation, the county of its principal place of business) or in the county where a “substantial alleged act or omission occurred or where a substantial event that caused the injury occurred.”  Plaintiff may file in the county where he/she lives if venue cannot be established under above criteria.  Provides that venue must be proper for each plaintiff.  Provides that the trial court shall dismiss the claim or action if it would be more properly decided in another state.  If the claim would be more properly decided in another county, provides the case shall be transferred to the appropriate county.  Provides that for medical providers, venue shall be proper where the act or omission occurred.

Venue Reform: HB 19 (special session) (2002).  Provides that civil actions may be commenced where defendant resides or in county where alleged act or omission occurred.  Provides that civil actions may be commenced where plaintiff resides or is domiciled.  In defective product lawsuits, provides that non-residents may commence civil actions in county where plaintiff obtained product.