Oral arg. – Miss.S.Ct. – Oct. 13, 2015

At 10:30, the Court will hear Georgia Pacific v. Cook Timber Co. Georgia-Pacific was buying lumber from  Cook Timber Co..  When  Georgia-Pacific’s pulp mill at New Augusta, Mississippi stopped buying pulpwood  from CTC, CTC and some other timber suppliers sued.  A trial occurred 13 years later.  A jury awarded CTA just over $11,000 in damages under the Miss. Antitrust Act  and $2.5 in punitives.  Georgie Pacific takes issue with the verdict being in favor of Cook Timber, a jury instruction and the punitive damages.  It also argues that Cook Timber’s economist should have been excluded under MRE 702.

Georgia Pacific’s brief

Cook Timber’s brief 

Georgia Pacific’s brief

Watch the argument here

At 1:30 the Court will hear Ridgeway Lane & Assoc. v. Laurie Watson  – The Timbers is a neighborhood in Brandon and it has a property manager, Ridgway.  The Byrds bought a home there in 2003. In 2004 Marcus Byrd reported to Ridgway that there was water coming into the home and in the years following he continued to report leakage, mold, etc. Ridgway did some repair work and the Byrds submitted two claims for damage to their insurer, the first of which was paid. In 2011 the Byrds filed suit. Ridgway moved for summary judgment on SOL grounds.  The court granted summary judgment on the Byrds’ property damage claims but denied it as to the claim that the property damage caused Marcus Byrd’s Allergic Bronchopulmonary Aspergillosis (Mr. Byrd died in February 2015).  The court applied the discovery rule and held that it “has not been shown that Mr. Byrd knew or should have known that the Defendants’ negligence caused his disease or made his disease worse at the point where his claims would now be barred by the statute of limitations.”  Ridgway filed an interlocutory appeal which was granted.

Ridgway’s brief

The Byrd’s brief

Ridgway’s  rebuttal brief

Watch the argument here

One thought on “Oral arg. – Miss.S.Ct. – Oct. 13, 2015

  1. I wasn’t really listening to the Georgia Pacific Case but one moment stood out. Eugene Tullos was responding to a question by Justice Pierce and said “Judge . . I guess I am supposed to say Justice.” Justice Waller stated, “We’ll answer to either.” At the same time Justice Pierce says, “We’ll answer to anything.”

    Gotta appreciate the lack of stuffiness (if stuffiness is even a word).

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