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Shapley and Jones Win En Banc Mississippi Supreme Court Appeal on Significant Statute of Limitations Issue

Chris Shapley and Trey Jones successfully defended a Mississippi Supreme Court appeal concerning a statute of limitations issue which is very important in the areas of personal injury and environmental exposure litigation. Brunini's clients were sued for allegedly causing the plaintiff's cancer by exposure to chemicals. Shapley and Jones successfully argued to the trial judge that the case should be dismissed based on the statute of limitations since the plaintiff did not file suit within three years of when she was diagnosed with cancer. The plaintiff argued on appeal that the statute of limitations should not begin to run in "latent injury" cases until the plaintiff knows that her injury was caused by wrongful conduct. She also argued that her claims were timely under the federal CERCLA statute. Following en banc oral argument, the Mississippi Supreme Court ruled in favor of Brunini's client and held that the statute of limitations begins to run on the date the plaintiff is diagnosed with the disease.

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