Janssen Pharmaceutica Inc. v. Keys, et al.
| Docket Number: | 2003-IA-00275-SCT Linked Case(s): 2003-IA-00275-SCT ; 2003-IA-00275-SCT ; 2003-TS-00275 ; 2003-M-00275 |
|
| Supreme Court: | Opinion Link Opinion Date: 07-29-2004 Opinion Author: Graves, J. Holding: Reversed and Remanded |
|
| Additional Case Information: |
Topic: Personal injury - Joinder - M.R.C.P. 20 Judge(s) Concurring: Smith, C.J., Cobb, P.J., Carlson and Dickinson, JJ. Non Participating Judge(s): Waller, P.J., Diaz and Randolph, JJ. Dissenting Author : Easley, J. Procedural History: Bench Trial Nature of the Case: CIVIL - PERSONAL INJURY |
|
| Trial Court: |
Date of Trial Judgment: 01-28-2003 Appealed from: Smith County Circuit Court Judge: Robert G. Evans Disposition: Denied Janssen’s motion to sever the plaintiffs and to transfer venue. Case Number: 2002-120 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Janssen Pharmaceutica Inc., Johnson & Johnson, et al. |
DONNA BROWN JACOBS
CHRISTY D. JONES
JOHN C. HENEGAN
ROBERT L. JOHNSON, III
KARI LOUISE FOSTER
AL NUZZO
JOHN LEWIS HINKLE |
||
| Appellee: | Joe Keys, et al. | RICHARD CLINTON STRONG KEN R. ADCOCK EUGENE COURSEY TULLOS MARK D. MORRISON |
|
|
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. |
|
| Topic: | Personal injury - Joinder - M.R.C.P. 20 |
| Summary of the Facts: | Thirty-seven plaintiffs filed suit in Smith County Circuit Court for injuries allegedly sustained after usage of the drug Propulsid. Seven of those plaintiffs were from Smith County. The suit was filed against the makers of Propulsid, Janssen Pharmaceutica, Inc., which is a corporation based in New Jersey; Janssen’s New Jersey-based parent corporation, Johnson & Johnson; eight pharmacies; two Mississippi physicians; and other “John Does.” The court denied Janssen’s motion to sever the plaintiffs and to transfer venue but certified their interlocutory appeal to the Supreme Court on those issues. The Supreme Court granted an interlocutory appeal. |
| Summary of Opinion Analysis: | This case is controlled by the recent case of Janssen Pharmaceutica, Inc. v. Armond, 866 So.2d 1092 (Miss. 2004). The two prongs of Rule 20 must always be met. Here, the jury might well be overwhelmed with thirty-seven separate fact patterns that are offered to prove malpractice. That is why the claims against the defendant physicians were ordered to be severed in Armond. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
