Cases
Representative Matters: Mississippi Supreme Court affirms summary judgment on statute of limitations in personal injury
environmental exposure action. Brunini's clients were sued for allegedly causing the plaintiff's cancer by exposure to chemicals. Shapley
Jones successfully argued to the trial judge that the case should be dismissed based on the statute of limitations since the plaintiff did not file suit within three years of when she was diagnosed with cancer. The Mississippi Supreme Court held that the statute of limitations begins to run on the date the plaintiff is diagnosed with the disease.
Summary judgment on behalf of two owners
operators of a wood-treating facility. The plaintiff in the federal court action was the estate of a deceased man which claimed that chemicals from the wood treating facility were responsible for wrongful death
property damage. Plaintiff sought substantial compensatory
punitive damages
injunctive relief. Shapley
Jones were successful in obtaining Daubert exclusions of plaintiff's causation experts
dismissal of all claims.
Defense verdict on behalf of a large insurance company
two of its former employees in a qui tam case filed pursuant to the Federal False Claims Act. The Plaintiff sought damages
penalties in excess of 100 million dollars. The jury deliberated for a little over two hours after a six day trial before returning a verdict in favor of Defendants.
Fifth Circuit Court of Appeals reversed a verdict against a wood treating company
rendered judgment in favor of the client. The plaintiff alleged that her mother's breast cancer
death were caused by exposure to chemicals from the wood treating plant. The federal appeals court ruled that the plaintiff's claims were untimely under the Mississippi statute of limitations. The court also addressed for the first time the preemptive breadth of Section 9658 (CERCLA)
rejected the plaintiff's argument that the statute of limitations had been tolled by the CERCLA provision.
Obtained a judgment on the pleadings. In this case, Duhon v. Trustmark National Bank, et al, the Plaintiff alleged his property had been destroyed by Hurricane Katrina
that he had suffered damages as a result of an erroneous flood zone determination
the failure to obtain flood insurance in connection with the mortgage closing. In a case of first impression for Mississippi state courts, the Brunini attorneys successfully obtained a ruling that lenders are immune from such suits,
all claims were dismissed.
Fifth Circuit Court of Appeals affirms the district court's dismissal of ERISA claims filed in a putative class action against a major lending institution. The Court ruled that the plaintiffs had no right to a rem
of the case to the ERISA plan administrator to consider new claims that were not presented to the plan administrator in the first instance. The Court affirmed the dismissal of the claims of putative class members who did not exhaust administrative remedies.
Represented a large national pharmaceutical company
obtained dismissal of several hundred cases at no settlement to the client. At their peak, there were 79 cases involving over 1100 plaintiffs. Over 100 claims were dismissed by the Court or voluntarily dismissed by the plaintiff.
