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 plaintiffs’ claims for their alleged personal injuries were time barred and should be dismissed with prejudice. 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 in to 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.”