Herbert Lee, Jr. v. Gloria Thompson and Deborah Dixon

Summary

The Mississippi Supreme Court affirmed a judgment arising from the settlement of thirteen diet-drug claims and disputes over attorney fees and refunds of common-benefit MDL fees. The Court held that its prior decision controlled under the law-of-the-case doctrine, rejected an argument that the plaintiffs were bound by a prior damages calculation in a letter brief, and found the appellant's misconduct claims procedurally barred. The court also admonished counsel regarding factual assertions contradicted by the record.

Holdings

1. The law-of-the-case doctrine barred Lee from asking the Court to reconsider whether MDL Pre-Trial Order 2152 required him to pay the six-percent MDL fee from his attorney fee. The prior issue had been decided in Lee I, and no exceptional circumstances or manifest injustice justified reconsideration.
2. The plaintiffs' letter brief did not constitute a binding admission limiting Thompson's recovery to $140,000 and Dixon's recovery to $60,000.
3. Lee's request to dismiss the plaintiffs' case as a sanction was procedurally barred because he had not requested sanctions in the trial court. In any event, Lee failed to show that Thompson or Dixon made false statements or misrepresentations warranting dismissal.

Questions Presented

1. Whether the Mississippi Supreme Court should revisit its holding in Lee I that MDL 1203 Pre-Trial Order 2152 required Lee to pay the six-percent MDL fee from his attorney fee.
2. Whether a letter brief by the plaintiffs' counsel constituted a binding admission limiting Thompson's recovery to $140,000 and Dixon's recovery to $60,000.
3. Whether alleged misconduct by Thompson and Dixon warranted dismissal of their case with prejudice or otherwise barred their recovery.

Disposition

affirmed