Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Miss. S. Ct. split in legal malpractice case

By Philip Thomas on February 28, 2009
Email this postTweet this postLike this postShare this post on LinkedIn

It was a split decision in the Court’s Thursday opinion in Waggoner v. Williamson. In the decision a divided court reversed a grant of summary judgment in a malpractice case against prominent plaintiff’s lawyer Ed Williamson and remanded the case for a jury trial.

The plaintiff sued his former attorneys after netting nearly $1.5 million in a 2001 fen phen settlement. The plaintiff claims to have not known that his case was part of an aggregate settlement of $73.5 million–apparently on behalf of 45 clients. Plaintiff’s portion of the aggregate settlement was $3 million.   

The majority reasoned that there was a fact question as to adequate disclosure under plaintiff’s breach of fiduciary duty claim. In the majority were Justices Carlson, Waller, Dickinson, Randolph and Lamar.

Justice Pierce wrote a concurring opinion joined by Justices Chandler and Waller (in part). Justice Kitchens wrote a dissenting opinion joined by Justice Graves.

None of the opinions state what many lawyers who read this opinion are thinking. The plaintiff was lucky to recover $3 million and net $1.5 million for injuries that left him well enough to give a deposition in his case against his lawyers. The settlement value of fen phen cases and many other types of cases in Mississippi declined substantially shortly after the plaintiff settled this case. This fact rightfully did not factor into the court’s analysis. But perhaps it should have factored into plaintiff’s decision to sue his former lawyers.

Photo of Philip Thomas Philip Thomas

Philip Thomas is an attorney based in Jackson, Mississippi. His practice focuses on commercial litigation, business disputes, and other complex litigation.

Read more about Philip ThomasEmailPhilip's Linkedin ProfilePhilip's Twitter Profile
  • Posted in:
    Business and Commercial
  • Blog:
    MS Litigation Review & Commentary
  • Organization:
    Philip W. Thomas Law Firm

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo