Friday, December 23, 2011

MSSC first sitting for 2012

Up in time for Christmas. A follow-up to this post.

Asbestos/silica cases feature prominently among those to be argued, including a silica case on February 1 and, on January 30, the ConocoPhillips v. Lofton appeal in the case Philip Thomas described here.

We also note that the Dialysis Solution(s?) case, which raised the side issue whether amended Miss. Code Ann. 41-7-201 is constitutional, has been submitted without oral argument. 41-7-201 is the appeal statute in certificate-of-need cases, and the Legislature had amended it to provide for direct appeals to the MSSC. As the Court has tended to interpret the state constitution, that's probably unconstitutional, and it appears from the denial of oral argument that the Court doesn't find it a particularly tricky question. Interesting to see how that turns out.

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