The Fifth Circuit asked the Mississippi Supreme Court to clarify whether procedural rules a worker must comply with before suing under a state tort law also apply to whistleblower claims.
Whether someone suing under the Mississippi Whistleblower Protection Act must meet Mississippi Tort Claims Act’s 90-day notice of claim requirement and its one-year statute of limitations “isn’t something “Mississippi courts have addressed,” the US Court of Appeals for the Fifth Circuit said Wednesday. The lack of state court guidance means predicting how the state justices would rule if presented with those questions “would be a leap into the dark,” it .
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