06/03/2026
Sun Herald Still Chasing Smoke While Ignoring the Fire
A change of courtroom does not change the law.
The federal case was amended repeatedly, yet the same fundamental problems remained. Defendants consistently argued that the claims failed because of sovereign immunity, standing deficiencies, Mississippi law regarding su***de causation, and the absence of a legally recognized duty under the facts alleged. The Court ultimately denied the proposed amended complaint, finding significant pleading and procedural deficiencies rather than approving those new claims.
Now the case returns to state court, but the same legal hurdles still exist. Simply refiling allegations or moving to a different court does not create a viable cause of action. Courts do not decide cases based on sympathy, public opinion, social media campaigns, or how many times a complaint is rewritten. They decide whether the law provides a remedy for the claims being asserted.
If the claims could not overcome the legal barriers identified throughout the federal litigation, then the venue change alone changes nothing. At some point, a plaintiff must be able to state a legally viable claim supported by applicable law. Without that, there is no case—regardless of how many amendments are filed or which courthouse hears it.
The question has never been whether the loss is tragic. It unquestionably is. The question is whether the facts alleged support a legally cognizable cause of action. So far, that remains the obstacle that has not been overcome.
More Smoke. More Mirrors. Less Journalism.