Associated Press, 3/11/9

The Mississippi Supreme Court has reinstated a lawsuit brought by an Adams County couple who claimed they were never told their claim against a drug company had been combined with others in a class action.

The Waggoners sued Williamson and Michael J. Miller, a Virginia attorney who represented more than a dozen clients in similar fen-phen cases, alleging they would have gotten more had their case been handled separately.

Williamson plans to seek a rehearing.

He said the claims made by the plaintiff were not facts.

The Supreme Court, in a 8-2 decision last month, found there was a factual dispute as to whether all required information was disclosed to the Waggoners at the time of the settlement.

“Given that the Waggoners contend that the existence of an aggregate settlement was not disclosed to them, and that the disclosures required by law and the Mississippi Rules of Professional Conduct were not made to them it is apparent that genuine issues of material fact exist as to whether the Waggoners knowingly agreed to any of the items on the disbursement sheet,” wrote Presiding Justice George C. Carlson Jr.

Justice Jim Kitchens, in a dissent, said he saw nothing in the court record that supported the Waggoners claims against Williamson and Miller.