Bitter asbestos issue leads to bitterness on Miss. SC

“In this case, the trial judge made informed findings of fact and law,” wrote Justice James Graves, currently President Barack Obama’s nominee to fill a spot on the U.S. Court of Appeals for the Fifth Circuit.

“The trial judge reviewed all of the parties’ pleadings, considered all of the other affidavits submitted by the plaintiffs’ attorney, (Robert) Peirce, and ICRR’s attorney, (Thomas) Peters, describing their understanding of the settlement negotiations, and conducted two quite lengthy hearings on the disputed issues of fact.

“Moreover, multiple attorneys representing ICRR appeared before the trial judge and had ample opportunity to present evidence and argument.”

Two justices filed dissenting opinions that sided with ICRR, which had agreed to settle the Harron claims if the Peirce firm produced diagnoses from another radiologist. The firm did, but ICRR wanted information about the doctors that performed them.

The state Supreme Court ruled the Peirce firm did not have to provide that information.

Justice Jess Dickinson was one of the dissenters.

Legal Newsline
9/4/10