A three-judge panel of the Mississippi Supreme Court listens to arguments over a state law that would put $10 million of federal pandemic relief money into infrastructure grants for private schools, Tuesday, Feb. 6, 2024, in Jackson, Miss. (AP Photo/Rogelio V. Solis)
The Mississippi Supreme Court reversed course this morning on a deadline to file a petition for rehearing in a case that arguably erodes tort reform gains made under Governor Haley Barbour. The new deadline now falls after two new Supreme Court justices, Jenifer Branning and David Sullivan, take their seats.
Yesterday morning, I wrote about the decision of the Mississippi Supreme Court to award the family of former trial lawyer Paul Minor over $15 million in extra-contractual damages, punitive damages, and attorneys’ fees in an insurance dispute dating back to Hurricane Katrina.
READ MORE: Kitchens, Beam deliver parting shot to tort reform, ruling business community
One of the more peculiar procedural aspects of the case, USAA v. Minor, that I highlighted was the changing of the deadline for USAA to petition for rehearing. It was originally set for January 10th, but then was moved up by the Supreme Court to January 2nd without any explanation.
Justices Branning and Sullivan will take their seats on January 6th. The justices they beat in November’s election, Jim Kitchens and Dawn Beam, both voted with the five-justice majority to bless the $15 million award. So the difference in deadlines between January 2nd and January 10th could have been determinative on whether the petition for rehearing was granted.
This morning, Justice Robert Chamberlin entered an order moving the deadline back to January 21st. This means that newly elected Justices Branning and Sullivan will get the opportunity to evaluate the petition for rehearing and applicable law for themselves.
As we noted in our coverage yesterday, a bevy of business groups headlined by former Governor Haley Barbour is preparing to file an amicus brief challenging the majority’s decision in the case. Barbour ran for office in 2003 on the promise of tort reform to end “jackpot justice” in Mississippi. The Legislature passed a sweeping package of reforms in 2004.
According to BIPEC President and CEO Derek Easley, the groups opposing the Court’s decision include:
Governor Haley Barbour
BIPEC (Business & Industry Political Education Committee)
Mississippi Manufacturers Association
Mississippi Economic Council – The State Chamber of Commerce
Mississippi State Medical Association
Gulf Coast Business Council
Mississippi Bankers Association
Electric Cooperatives of Mississippi
American Council of Engineering Companies of Mississippi
Associated Builders and Contractors – Mississippi
Independent Insurance Agents of Mississippi
Mississippi Association of REALTORS
Mississippi Association of Self-Insurers
Mississippi Automobile Dealers Association
Mississippi Beverage Association
Mississippi Energy Institute
Mississippi Forestry Association
Mississippi Hospitality & Restaurant Association
Mississippi Manufactured Housing Association
Mississippi Petroleum Marketers & Convenience Stores Association
Mississippi Poultry Association
Mississippi Propane Gas Association
Mississippi Trucking Association
Southeast Oil and Gas Association
Insurance Coalition of Mississippi
