United States Fifth Circuit

In a suit alleging plaintiff was harmed by a dangerous drug, brought erroneously against the son of the doctor who had prescribed the drug, an award of attorney's fees and costs for defendant is affirmed in part and vacated in part where: 1) the district court had collateral jurisdiction and did not abuse its discretion in finding plaintiffs at fault in failing to verify that they had sued the correct defendant; but 2) the court incorrectly assessed the amount owed.

Appellate Information

• Decided 11/13/2007
• Published 12/06/2007

Judges

• JERRY E. SMITH, Circuit Judge:, Before REAVLEY, SMITH and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Charles Edward Gibson, III, Gigi Gibson, Gibson Law Firm, Ridgeland, MS, for Sarah N. Ratliff and Gibson Law Firm, PLLC., Charles Edward Gibson, III, Gigi Gibson, Gibson Law Firm, Ridegeland, MS, pro se.


• For Appellees:
  
• Lisa Williams McKay, Currie, Johnson, Griffin, Gaines & Myers, Jackson, MS, for Defendant-Appellee.