Does Mississippi Need Class Actions?

May 23, 2017 § 1 Comment

When the idea of Mississippi rules of court first took flight, the drafters modelled the MRCP on the federal rules. For the most part, anyway. When it came to class actions — FRCP 23, 23.1, and 23.2 — the MRCP counterparts read, “Omitted.”

Now the MSSC has posted proposed MRCP 23, 23.1, and 23.2. You can read the proposed rule at this link. Your comments and suggestions are solicited.

I don’t really have a position on this one way or the other. I do note that Mississippi is the only state that does not have class-action practice. We leave it to the federal courts to do class-action work in cases arising in our state that meet the Erie criteria for federal jurisdiction.


§ One Response to Does Mississippi Need Class Actions?

  • The short answer to the questions is – yes. As you said we are the only state without it. It was before my time but is my understanding that the “liberal joinder rules” were deemed sufficient at the time of the Rules, but this is one of the bullet points used during “tort reform” (which was during my time) to pass laws severely restricting the joinder rules that had been used. Since then we are left with without anything. If I am wrong on any of my recitation of the facts I would welcome correction.

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