Mississippi Litigation Review & Commentary

Mississippi Litigation Review & Commentary

Comments on the Latest Developments in Mississippi Civil Litigation

Philip is a trial attorney based in Jackson, Mississippi with a diverse civil litigation practice.

Category Archives: Mississippi Court of Appeals

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Miss. Court of Appeals Affirms $144,865 Verdict in Breach of Trust Case

Posted in Mississippi Court of Appeals
On Tuesday the Miss. Court of Appeals affirmed a $144,865 verdict in Cassibry v. Cassibry. The Court also remanded the case for a hearing on the issue of attorney’s fees. Here is the Court’s opinion. The case originated in the Bolivar County Chancery Court with Judge Catherine Farris-Carter presiding. Judge Barnes wrote the Court’s unanimous… Continue Reading

Miss. Court of Appeals Affirms Million-Plus Silica Verdict

Posted in Appellate Decisions From Jury Verdicts, Improving the Jury System, Mississippi Court of Appeals
On Tuesday the Mississippi Court of Appeals affirmed a $1,095,000 Hinds County jury verdict in Barnett v. Miss. Valley Silica Co. Here is my brief post in October 2012 reporting on the verdict. The decedent worked near sandblasting at Miss. Iron and Steel Co. on High Street in Jackson. He alleged that Valley Silica failed… Continue Reading

Court of Appeals Doesn’t Decide Caps

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
The Mississippi Court of Appeals decided the much ballyhooed caps case on Tuesday. Here is the Court’s decision in Emergency Medicine Associates of Jackson v. Glover. As predicted, the Court never got to the issue of whether Mississippi’s caps on non-economic damages are constitutional. This was a Hinds County medical malpractice case where the jury… Continue Reading

All Courts Should Announce When They Are Going to Rule

Posted in Attorney Mental Health, Mississippi Court of Appeals, Mississippi Supreme Court
Something the Mississippi Supreme Court and Mississippi Court of Appeals have right is how they release opinions. The Supreme Court issues opinions at 1:30 pm. every Thursday except for a few weeks a year (holidays, bar convention). The Court of Appeals issues its decisions at 1:30 pm. on Tuesday. I don’t know if they are… Continue Reading

Court of Appeals to Decide Caps?

Posted in Mississippi Court of Appeals
No, probably not. The Mississippi Court of Appeals heard oral arguments yesterday in Emergency Medicine Associates of Jackson v. Glover. Jane’s law blog provides links to the briefs and oral argument replay here. I wrote about the verdict in 2012 here. The jury awarded $1.5 million in economic damages and $2 million in non-economic damages,… Continue Reading

Judge Jimmy Maxwell Appointed to Miss. Supreme Court

Posted in Mississippi Court of Appeals, Mississippi Supreme Court, Politics in Mississippi
On December 23 Governor Bryant announced the appointment of Court of Appeals Judge Jimmy Maxwell to fill Justice David Chandler’s seat on the Mississippi Supreme Court. Here is the Clarion-Ledger article on the appointment. Judge Primeaux explained the back story on his blog last week: Chandler’s resignation earlier this month, to assume leadership of the… Continue Reading

Miss. Court of Appeals Reinstates Original Verdict in Smith County Car Wreck Trial

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
Back in 2009, I mentioned a modest $100,000 plaintiff verdict in a Smith County rear-ender. The Circuit Court later granted plaintiff’s motion for a new trial. The jury rendered a $250,000 verdict at the re-trial. The defendant appealed and argued that the trial court should not have granted the new trial. The Court of Appeals… Continue Reading

The Truth Hurts

Posted in Mississippi Court of Appeals
On September 16, 2014 the Mississippi Court of Appeals affirmed the trial court’s dismissal of the Neilson v. Dawson defamation case. Here is the Court’s opinion. Here is a 2011 post on the case. The case originated from the book Kings of Tort. The book details the investigation of the 2009 judicial bribery scandal. The… Continue Reading

Jane’s Law Blog Reporting on Miss. Supreme Court and Court of Appeals Decisions

Posted in Mississippi Court of Appeals, Mississippi Supreme Court
Ever since Edward Sanders ended his Bottom Line service, there has been a glaring need for a free blog devoted exclusively to Miss. Supreme Court and Court of Appeals decisions. A few weeks ago, Jackson lawyer Jane Tucker launched her Jane’s Law Blog, which fills this void. Readers who enjoy this blog and other blogs… Continue Reading

Miss. Court of Appeals Reverses and Renders $1.9 Million Jury Verdict in Casino ATM Contract Dispute

Posted in Mississippi Court of Appeals
Last week the Mississippi Court of Appeals reversed and rendered an Adams County jury verdict of $1,979,182 in Isle of Capri Casino, Inc. v. Silver Land, Inc. Here is the opinion. This was a breach of contract case where a casino and another company litigated over the ATM rights in riverboat casinos. The Circuit Court… Continue Reading

Judge Fair With the Line of the Week at the Court of Appeals

Posted in Mississippi Court of Appeals
Here’s the opening sentence from the Mississippi Court of Appeals’ decision this week in Fore v. Fore: After a five-day divorce trial, Darlene and Cotton Fore found themselves still married. That’s great writing by Judge Gene Fair. Accurate, descriptive, funny and leaving the reader wanting to know more. The case dealt with both the husband… Continue Reading

Miss. Court of Appeals Affirms $390,000 Medical Malpractice Bench Trial Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
On Tuesday a unanimous Mississippi Court of Appeals affirmed a $390,000 Washington County bench trial verdict in Delta Regional Medical Center v. Taylor. Here is the Court’s opinion. The plaintiff in the case alleged that the Delta Regional E.R. physician failed to diagnose a stroke. As a result of the failure to diagnose and treat,… Continue Reading

Mississippi Supreme Court and Court of Appeals on Customary July Break

Posted in Mississippi Court of Appeals, Mississippi Supreme Court
Anderson notes on his blog that the Mississippi appellate courts are on their customary July break: Back in two weeks. Based on what I’ve been reading lately, they need the rest. This is a normal break for the Court and coincides with the Bar Convention, which I believe is next week. Typically, not much happens… Continue Reading

Edward Sanders’ Bottom Line Keeping Scoreboard of Mississippi Appellate Decisions

Posted in Mississippi Court of Appeals, Mississippi Supreme Court
Every week I look forward to the email with Ed Sanders’ Bottom Line, which summarizes the week’s decision by the Miss. Supreme Court and Court of Appeals. It’s a great way to keep up with the latest decisions. If you don’t already subscribe, you  can sign up for email delivery of the Bottom Line at Davidson… Continue Reading

Barring Last Minute Qualifiers, Most Supreme Court and Court of Appeals Judges Are Unopposed

Posted in Mississippi Court of Appeals, Mississippi Supreme Court, Politics in Mississippi
According the the League of Women Voters of Mississippi’s website, the qualifying deadline for elections for the Mississippi Supreme Court and Court of Appeals is this Friday May 11 at 5:00 p.m. Here is the Secretary of State’s Qualifying List. Chief Justice Waller and Justices Randolph and King do not have opponents. Richard ‘Flip’ Phillips… Continue Reading

Welcome to McDonald’s!!!! Video Shows Wackenhut Guard Assaulting Plaintiff in McDonald’s Premises Case

Posted in Appellate Decisions From Jury Verdicts, Hinds County Circuit Court, Mississippi Court of Appeals
The post last week about the Court of Appeals decision in the Hinds County Wackenhut-McDonald’s premises liability case generated a lot of discussion. Posted below are the two videos from inside the McDonald’s. The first video shows the Wackenhut security guard shoving the plaintiff with a lot of force. The second video from the back… Continue Reading

Miss. Court of Appeals Reverses $1 Million Verdict in Hinds County Premises Liability Trial

Posted in Appellate Decisions From Jury Verdicts, Hinds County Circuit Court, Mississippi Court of Appeals
On Tuesday a unanimous Mississippi Court of Appeals reversed and remanded a 2009 $1 million Hinds County premises liability verdict in Wackenhut v. Fortune. Here is my December 2009 post on the verdict. This was the case where the plaintiff was a homeless man who got into it with the manager and security guard at the McDonald’s on Highway… Continue Reading

Miss. Court of Appeals Affirms Defense Verdict in Toyota Motor Vehicle Products Liability Case

Posted in Hinds County Circuit Court, Mississippi Court of Appeals
Last week the Miss. Court of Appeals affirmed a 2008 Hinds County defense verdict in Clark v. Toyota Motor Sales. Here is the Court’s opinion.  The basis of the case was a 2001 auto-accident in DeSoto County involving a Toyota truck. Part of the appeal centered on Toyota’s exemplar truck that Judge Winston Kidd allowed jurors to view in front of… Continue Reading

$4.6 Million Med-Mal Verdict Settled Before Court of Appeals Affirmed Verdict

Posted in Mississippi Court of Appeals
Last week I wrote about the Mississippi Court of Appeals affirming a $4,691,000 verdict against Baptist Hospital in a wrongful death case. I later heard that the case actually settled a few weeks before the Court issued its opinion. It’s my understanding that the case settled for an amount in the neighborhood of $2.8 million.… Continue Reading