Fees Awarded by Court; Counsel Filed Suit Without Knowing Plaintiff Died

JACKSON, Miss. -- A Mississippi appellate court has ruled that an asbestos defendant is entitled to attorneys' fees in a case that was a nullity from its inception. Illinois Central Railroad Co. v. Broussard, No. 2007-CA-01010-COA (Miss. Ct. App.).

In a 6-4 ruling, the Mississippi Court of Appeals on Sept. 30 reversed a circuit court's decision to not award attorneys' fees, ruling that the court erred when it found that the lawsuit, which was filed by the plaintiff after his death, was frivolous.

The underlying claims were filed by Edwin L. Broussard, who claimed that he was wrongfully exposed to …