Janssen Pharmaceutica, Inc. v. Jackson
| Docket Number: | 2003-IA-00440-SCT Linked Case(s): 2003-TS-00440 ; 2003-M-00440 |
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| Supreme Court: | Opinion Link Opinion Date: 09-30-2004 Opinion Author: Dickinson, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Joinder - M.R.C.P. 20 Judge(s) Concurring: Smith, C.J., Cobb, P.J., and Carlson, J. Non Participating Judge(s): Waller, P.J., Diaz, Graves and Randolph, JJ. Concur in Part, Dissent in Part 1: Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion Procedural History: Interlocutory Appeal Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 11-25-2002 Appealed from: Holmes County Circuit Court Judge: Jannie M. Lewis Disposition: Denied the Defendants’ Motion to Sever and Transfer for Separate Trials. Case Number: 2002-0253 |
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| Note: | L. Douglas Wade, Jr.'s Motion to Withdraw as Counsel of Record for Defendant/Appellee Bradley P. Brown, M.D., is granted. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Janssen Pharmaceutica, Inc., and Johnson & Johnson, et al. |
DONNA BROWN JACOBS
CHRISTY D. JONES
JOHN C. HENEGAN
ROBERT L. JOHNSON
L. CARL HAGWOOD
CLIFFORD B. AMMONS
ROBERT K. UPCHURCH
WHITMAN B. JOHNSON, III
JULIETTE VERONICA WILSON
AL NUZZO
LAURA G. McKINLEY
MARTIN R. JELLIFFE
THOMAS M. LOUIS
ANITA K. MODAK-TRURAN
KARI LOUISE FOSTER
MICHAEL BRADFORD HEWES
DAVID W. UPCHURCH
JOSIAH DENNIS COLEMAN
JASON EDWARD DARE
B. WAYNE WILLIAMS
DAN W. WEBB |
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| Appellee: | Hattie Jackson, et al. | WILLIAM B. GILL, III ELIZABETH ANN SANTANGINI JAMES M. PRIEST, JR. JOHN F. HAWKINS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Joinder - M.R.C.P. 20 |
| Summary of the Facts: | Hattie Jackson and thirty other Mississippi plaintiffs filed suit in the Holmes County Circuit Court, alleging injuries they claim were caused by the prescription medication Propulsid. The suit was filed against Janssen Pharmaceutica, Inc., Johnson & Johnson, 27 prescribing physicians, and 15 drug stores/pharmacies. Only three plaintiffs are from Holmes County. Janssen and Johnson filed a Motion to Sever and Transfer Venue for Separate Trials alleging that joinder was improper under M.R.C.P. 20. The court denied the motion, and the Supreme Court granted Janssen and Johnson permission to appeal from that from that interlocutory order. |
| Summary of Opinion Analysis: | The issues raised in this case are the same issues raised and discussed in Janssen Pharmaceutica, Inc. v. Armond, 866 So. 2d 1092 (Miss. 2004) in which the Court determined that joinder was improper and that the trial court abused its discretion in denying the motion to sever and transfer. Thus, Armond controls the disposition of all issues. |
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