No Class Actions in Mississippi

May 21, 2018 § 1 Comment

The MSSC entered an order en banc on May 17, 2018, denying a motion to adopt a class-action rule. The order, signed by Presiding Justice Randolph, reads in its entirety as follows:

Now before the en banc Court is the Motion to Amend Rule 23 of the Mississippi Rules of Civil Procedure, filed by Richard T. Phillips.

Phillips proposed amending Rule 23 to provide a class-action procedure in Mississippi. The motion was posted for comment from May 16, 2017, to October 2, 2017. Numerous comments were filed by individuals, law firms, businesses, and organizations.

The motion was also referred to this Court’s Advisory Committee on Rules. The Committee’s minutes reflect that, after careful consideration, it voted (with one member abstaining) not to recommend adoption of the proposed amendments [sic] to Rule 23.

After due consideration, we find the motion should be denied.

The court then ordered that the motion be denied. Waller, Randolph, Coleman, Maxwell, Beam, Chamberlin, and Ishee voted to deny. Kitchens and King voted to grant.

Before I am flooded with comments along the lines of “Mississippi is the only state without a class-action rule,” and “We are out of step again,” let me point out that I am a member of the MSSC’s Advisory Committee on Rules, and have been since 2010. The committee membership includes plaintiffs’ and defense lawyers, an assistant AG, a public defender, 2 each circuit and chancery judges, a county-court judge, and an appellate judge. I am on the subcommittee that exhaustively studied the proposal, including reading scholarly articles on the subject and studies of other states’ rules. We even interviewed proponents of each side of the debate, something we have not done before during my time on the committee. The proposal was discussed in depth. The unanimous conclusion of the subcommittee (with one abstention) was that the federal Class Action Fairness Act of 2005 (CAFA) has had the effect of making almost all class-action suits removable to federal court, obviating the need for a state rule. The full committee voted unanimously (with one abstention) that the proposed rule not be adopted.

 

Should Mississippi Have a Class-Action Rule? Your Comments are Invited

November 7, 2017 § 5 Comments

The MSSC has tasked the Supreme Court Advisory Committee on Civil Rules to study whether Mississippi should adopt a procedural rule allowing class actions. The committee is expected to recommend whether or not to do so, and, if the answer is positive, to propose how such a rule would operate.

The impetus for the referral comes from a motion filed with the court by Attorney Richard T, “Flip” Phillips to adopt Rule 23 of the Federal Rules of Civil Procedure.

To refresh your recollection, when the MRCP was adopted in 1982, Rule 23 was omitted. Up until then, equitable principles allowed consolidation of actions into something resembling class actions in chancery. The MRCP put an end to that, and some used Mississippi’s liberal joinder laws to fashion mass litigation that proved to be nightmarish in implementation. The MSSC and venue legislation put the kibosh on that, and so we are left with no tools for anything resembling class actions.

Both sides on the issue point out that Mississippi is the only state that does not have any form of state-court class action. Virginia allows class action in only extremely limited circumstances. All other states have rules allowing class actions.

The committee is gathering information and hopes to be in a position to make a recommendation by the spring of next year.

What do you think? Should Mississippi have a rule allowing class actions? Your comments are invited and will be shared with the advisory committee.

Where Am I?

You are currently browsing entries tagged with class actions at The Better Chancery Practice Blog.