United States Fifth Circuit

Pursuant to the Mississippi Supreme Court's answer to a certified question finding that the state does not recognize a medical monitoring cause of action without a showing of physical injury, dismissal of the underlying action is affirmed where, although the district court erred in dismissing the case for lack of personal jurisdiction, dismissal was nonetheless proper due to the answer to the certified question.

Appellate Information

• Decided 03/29/2007
• Published 03/30/2007

Judges

• DENNIS, Circuit Judge:, Before DAVIS, SMITH and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Randall Alan Smith, Stephen Michael Wiles, Smith & Fawer, New Orleans, LA, Ruben Honik (argued), Stephan Matanovic, Sherrie J. Cohen, Golomb & Honik, Philadelphia, PA, Robert C. Latham, Truly, Smith & Latham, Natches, MS, for Plaintiffs., Jeffrey Ubersax (argued), Jones Day, Cleveland, OH, Paul H. Stephenson, III, Watkins & Eager, Jackson, MS, for Brush Engineered Materials, Inc. and Brush Wellman, Inc., Timothy Dale Crawley (argued), Kristy Lynn Bennett, Anderson, Crawley & Burke, Ridgeland, MS, for Wess-Del, Inc., V.L. Woolston, Perkins Coie, Seattle, WA, Roy D. Campbell, III, Bradley Arant, Rose & White, Jackson, MS, for Boeing Co.