Hagwood Adelman Tipton attorney, Mike Coleman, recently won an appeal at the Fifth Circuit in a case involving two doctors who allegedly committed medical negligence and §1983 civil rights violations. The §1983 case, styled James v. Aust and Wade, was filed in federal court in Greenville, and brought §1983 claims as well as claims of wrongful death and medical negligence against Mike’s clients.
Mike, shareholder in the firm’s Jackson, Mississippi office, first successfully got the civil rights claims dismissed via summary judgment. He then got the remaining medical negligence claims dismissed without prejudice because without the civil rights claims the federal court no longer had jurisdiction.
The plaintiff appealed to the U. S. Court of Appeals at the Fifth Circuit. The Court of Appeal affirmed the summary judgment based on Mike’s briefing. The Plaintiff failed to refile the medical negligence claims in state court prior to the date on which the statue limitations ran.
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