Legal Opinion · Dissent

Watson Laboratories, Inc. v. State of Mississippi

Mississippi Supreme Court

Decided January 11, 2018No. 2014–CA–01213–SCTPublished

1Dissent

COLEMAN, JUSTICE, DISSENTING:

¶ 66. The majority affirms the trial court's award and finding of fraud that is based on a fraudulent statement neither proven nor alleged but, rather, crafted for the first time by the trial court in its dispositive opinion. Moreover, the trial judge acknowledged in the opinion that, in order to impose liability against Watson, he disregarded the law applicable to fraud and rested his verdict on equitable considerations. The chancellor erred in doing so; equity must follow the law. The chancellor applied the wrong legal standard to the State's claims made…

2Cases cited16 opinions

  1. Allen v. Mac Tools, Inc.Mississippi Supreme Court · 1996
  2. In Re Lupron® Marketing & Sales Practices LitigationDistrict Court, D. Massachusetts · 2003
  3. Stockstill v. StateMississippi Supreme Court · 2003
  4. Federal Trade Commission v. Raladam Co.Supreme Court of the United States · 1942
  5. Baker v. StateMississippi Supreme Court · 1976

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