This sesction is for finding helpful resources for Attorneys which may be useful when researching legal issue in Mississippi and Alabama.

Pepper & Odom law firm works with local counsel all across the counrty to help injury victims when they are hurt in other states where our in-house attorneys are not licensed. Our Attorneys and staff are also avaialable to help other out-of-state Attorneys who need to retain local counsel in MS or AL. Once our firm is associated, we can help foreign Attorneys navigate the local court rules including proper style of the pleadings, filing deadlines, statue of limitations, motion hearings, depositions, reatinaing expert witnesses, and all other rules of civil procedure.

If you are a referring Attorney and need to associate local counsel, don’t hesitate to contact Pepper & Odom law firm at 601-202-1111 or use the contact us form below.

Contact Us

Division of Medicaid - Mississippi Law

Pursuant to Mississippi law, the Division of Medicaid has “subrogation rights” (not a lien) in the proceeds of a tort judgment or settlement “to the extent of the Division of Medicaid’s interest on behalf of the recipient.”  Miss. Code Ann. § 43-13-125(1).  This subrogation interest is limited to payments made by the Division of Medicaid “as a result of injuries, disease or sickness caused under circumstances creating a cause of action in favor of the [Medicaid] recipient against a third party.”  Id.

Division of Medicaid - Federal Law

Under federal law, the Division of Medicaid may not recover “any portion of a Medicaid beneficiary’s tort judgment or settlement not ‘designated as payments for medical care.’”  Wos v. E.M.A. ex rel. Johnson, 2013 WL 1131709 at *1 (U.S. Mar. 20, 2013) (quoting Arkansas Dept. of Health & Human Servs. v. Ahlborn, 547 U.S. 268 (2006)).  42 U.S.C. § 1396a(25)(B) provides that the Division of Medicaid may, in cases where “legal liability is found to exist after medical assistance has been provided” to an individual, “seek reimbursement for such assistance to the extent of such legal liability.”

Division of Medicaid’s subrogation

“The purposes of subrogation are to prevent the insured from recovering twice for the same loss and to reimburse the insurer when a third party should be required to pay for the loss.”  Armstrong v. Mississippi Farm Bureau Casualty Ins. Co., 66 So.3d 188, 191 (Miss. Ct. App. 2011).

Division of Medicaid’s burden of proving reasonableness

Under the statute creating the Division of Medicaid’s subrogation interest, Medicaid bears the burden of proving “the amount and correctness of its claim relating to the injury, disease or sickness” that was at issue in the underlying tort action.  Miss. Code Ann. § 43-13-125(3).

Division of Medicaid - Court's Reductions

Once Medicaid has borne its burden of proving which of its subrogation claims are “a result of” or “related to” the fault or alleged fault of the third party, this Court is to deduct “[t]he reasonable costs of collection, including attorney’s fees, as approved and allowed by the court”.  Miss. Code Ann. § 43-13-125(2).  The Court may also account for other factors in setting the amount of Medicaid’s recovery, including a “pro rata” share and the other interests traditionally committed to the Chancery Court in handling minor’s business.  Miss. Code Ann. § 43-13-125(2)(b).

Medicaid's Subrogation limited to Cost of Medical care

The Court must deny Medicaid’s subrogation interest entirely if no portion of the settlement at issue is a recovery of costs of medical care.  Wos v. E.M.A. ex rel. Johnson, 2013 WL 1131709 at *1 (U.S. Mar. 20, 2013) (quoting Arkansas Dept. of Health & Human Servs. v. Ahlborn, 547 U.S. 268 (2006)).

Manual for Complex Litigation “MCL” – Federal Practice Guide https://public.resource.org/scribd/8763868.pdf

3M Products Liability Litigation, MDL No. 2885 – Master Docket No. 3:19md2885

http://www.flnd.uscourts.gov/mdl2885

Young v. BL Development Corp. D/B/A Harrah’s Casino Tunica and Veranda Hotel, Civil Action No. 3:19cv034-NBB-RP, :

It is well-settled that federal courts refer to state law for tolling rules just as they do for statutes of limitation. Wallace v. Keto, 549 U.S. 384 (2007). The broad language of the tolling provision cited by the plaintiff, Miss. Code Ann. § 15-1-57, undoubtedly applies under the circumstances of this case. It cannot be legitimately disputed that the automatic stay and injunction order at issue here prohibited and enjoined the plaintiff from commencing her action against the defendant. Though, as the defendant argues, the plaintiff could have petitioned the bankruptcy court for relief from the stay or order, the applicable tolling provision requires no such action. See Trustmark Nat’l Bank v. Pike County Nat’l Bank, 716 So. 2d 618 (Miss. 1998).

The court finds that the Mississippi tolling provision is applicable under the facts of this case. The result is that the limitations period was tolled during both the automatic stay and the period covered by the injunction order. Accordingly, the plaintiff’s complaint was timely filed, and the defendant’s motion to dismiss is not well taken and shall be denied.

Remand from Federal Court back to State Court

“In removal practice, when a complaint does not allege a specific amount of damages, the party invoking federal jurisdiction must prove by a preponderance of the evidence that the amount in controversy exceeds the jurisdictional amount.” St. Paul Reinsurance Co. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir. 1998) (citation omitted). “[B]are allegations of jurisdictional facts have been held insufficient to invest a federal court with jurisdiction.” Id. (citation, quotation marks, and brackets omitted).
The notice of removal instead contends that the plaintiff’s request for unspecified punitive damages is sufficient to satisfy the amount in controversy requirement. In recent years, however, at least three Judges in this District have “look[ed] more rigorously at the complaint’s factual allegations to determine whether the combination of compensatory and [unspecified] punitive damages could truly support a recovery above $75,000.” Evans v. Red Shield Admin., Inc. , No. 3:18-CV-464-CWR-FKB, 2018 WL 4288724, at *1 (S.D. Miss. Aug. 17, 2018) (collecting cases). Based on those decisions, the better-reasoned conclusion is that “an unspecified punitive damages demand is itself insufficient to meet the amount in controversy requirement.” Id. at *2.