Miss. High Court: Misjoined, Severed Plaintiffs May Choose New Venue

JACKSON, Miss. - It is up to the plaintiffs in toxic tort exposure cases to file new complaints in a jurisdiction of appropriate venue once it has been determined that their claims are misjoined and the cases have been severed from the original action, a state high court has ruled. Canadian National/Illinois Central v. Smith, et al., No. 2005-IA-01473-SCT (Miss. Sup. Ct.).

In a decision further clarifying recent pronouncements regarding the state's newly implemented joinder and venue rules, the Mississippi Supreme Court upheld a trial court decision severing a multi-plaintiff silica and asbestos exposure claim, but remanded with instructions to …