The United States Court of Appeals for the Sixth Circuit recently affirmed the trial court’s dismissal of a product liability action against a national grocer represented by Memphis attorneys Christopher Myatt and Jacob Strawn. The appellate court held that Tennessee law applied to the plaintiffs’ claims, specifically its one-year statute of limitations, not Mississippi’s three-year limitations period.
After conducting a choice of law analysis that largely mirrored that done by the trial court, the Court determined that all of the plaintiffs’ claims for their alleged personal injuries were time-barred and should be dismissed with prejudice. A discussion of the trial court’s ruling can be found here.
This case is yet another example of the importance of developing a defense strategy that takes into account potential procedural defects, which as here, can prove fatal to a Plaintiff’s case. To paraphrase Tom Cruise’s character’s line from “The Firm,” which was filmed mostly in Memphis, “procedure isn’t sexy, but it has teeth.”