The recent decision on our state flag here in Mississippi has left an aftermath of derision and controversy. There are those who still wish to replace the flag by “any means necessary” in spite of a fair, democratic vote. One of the main calls for a new state flag, both before the vote and after, is that business will simply not invest in Mississippi with a symbol of racism flying in its sky. I believe the debate is still open on whether that is or is not true. However, there is another problem in our state, another impression of Mississippi, that IS going to scare off businesses and that is totally based on fact: the reputation of Mississippi as the new “Tort Hell.”
Not too long ago, our neighboring state of Alabama carried the title of “Tort Hell.” For trial attorneys, however, it seemed like a tort nirvana. Companies with no real Alabama connections were being hauled left and right before juries comprised mainly of poor residents of areas who saw huge dollar signs from the big corporations being sued for arbitrary reasons. The Wall Street Journal, Forbes, and several other prominent national business publications ran pieces on Alabama in the mid-90’s on its anti-business climate and inane court decisions aimed at milking the corporate cow for any perceived grievance. Sanity and reason prevailed in Alabama, however, when tort reform came to be a reality in 1999, leaving a huge hole for trial lawyers to fill. Well, they didn’t have to look far.
An April 30, 2001 article in the New York-based publication, the National Law Journal, known as “The Weekly Newspaper about Law and Litigation” is entitled “Mississippi Becomes A Mecca for Tort Suits.” In the article, authored by Mark Ballard, it is shown how our state is now becoming known for lawsuits with huge, outlandish judgments in our poorest counties, such as happened in Alabama. The article tells about Jefferson County, where there are more plaintiffs than the population of the entire county. Read that again. More plaintiffs than the population of Jefferson County! Plaintiffs attorneys prefer to file multiple-plaintiff lawsuits on behalf of plaintiffs from all over America in Jefferson County, according to the article, where juries have become known for a willingness to award these huge judgments. Even out-of-state attorneys are attracted to Fayette, county seat of Jefferson County. One trial lawyer in Alabama admits in the article that many of the 41 lawyers in his firm have recently taken the Mississippi bar exam. This is not the kind of tourism we want, folks.
Such outlandish, and often frivolous, lawsuits are being brought up constantly against any company or corporation seen as having the big bucks. The result is a business climate in which any claim, not matter how utterly bizarre or ignorant (i.e., the infamous hot coffee in the lap episode) can land a business in court with a jury full of poor, envy-filled people who see an opportunity to exact revenge on the greedy capitalist. Trial lawyers push such populist rhetoric down the throats of these jurists, painting the company on trial as knowingly to hurt them in order to reap profits, and it works. So much so, it can surely keep business from coming into our state to open factories and stores in order to make jobs, even while trial lawyers are flooding the area.
What’s worse is that our State Supreme Court has shown time and time again a tendency to be very pro-plaintiff, and it’s probably time for a thorough house cleaning. On April 27 of this year, the Court denied the request of the Mississippi Manufacturers Association, based in Jackson, to rehear the Court’s February 1 decision in the American Bankers Case. That decision allowed cases to be combined in what amounts to a class-action lawsuit, even though Mississippi has no provisions for class actions. This decision will lead to innumerable abuses of our court system, as will the possibility of allowing the inclusion of out-of-state plaintiffs, which the Court is currently considering. This decision rests on a case wherein a Kentucky man is being considered to be included as a plaintiff in a Mississippi trial court asbestos lawsuit against the Illinois Central Railroad.
Perhaps the retention of the old state flag will keep some businesses from locating to Mississippi. But I guarantee that our new reputation as “Tort Hell” will definitely keep them out. Where’s the public outrage? Sanity must be restored to our state courts, preferably through reasonable tort reform that gives businesses the same right to be considered innocent until proven guilty which even the lowest criminal scumbag has. Mississippi will never achieve her fullest potential without business investment. The fact that we are now being viewed nationally as a haven for money-hungry trial lawyers will keep us from reaching that potential. It is critical to our economic future that something be done to stop this ominous trend.
Your comments are welcome. DBJ

Scott Coopwood
Publisher