Mississippi Litigation Review & Commentary

Mississippi Litigation Review & Commentary

Comments on the Latest Developments in Mississippi Civil Litigation

For Mississippi native son and attorney Philip Thomas, blogging about law, politics and topical issues in the state extends a conversation he’s been... More

Category Archives: Eaton v. Frisby

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Bobby DeLaughter Looked…….

Posted in Eaton v. Frisby
I’m not sure what I expected from Bobby DeLaughter’s interview on WAPT news last week. But it made a big impression. My big takeaway from the interview was that Bobby DeLaughter looked happy. He smiled. He had the bemused twinkle in his eye of a man who has been out of the legal profession for … Continue Reading

Eaton v. Frisby Update

Posted in Eaton v. Frisby
There have been a few recent developments in the Eaton v. Frisby litigation. The case case appears to be bogged down and headed back to the Mississippi Supreme Court for another appeal. You can view a recent agreed order regarding the appeal record here: Order regarding appeal. Given how things were for Eaton when it last … Continue Reading

Miss. Supreme Court Focuses on Eaton’s Pre-Ed Peters Cheating

Posted in Eaton v. Frisby, Mississippi Supreme Court
Justice Pierce’s opinion in Eaton v. Frisby does something remarkable: shifts a lot of the spotlight away from Eaton’s use of Ed Peters to improperly influence Judge Bobby DeLaughter. Peters does not even enter to picture until page 11 of the Court’s opinion. By this point in the litigation, Eaton was already on the ropes … Continue Reading

Eaton Corp. Shut Out at Miss. Supreme Court

Posted in Eaton v. Frisby
Eaton Corp. got shut out today at the Mississippi Supreme Court: 9-0. Here is the opinion, which affirms Hinds Circuit Judge Swan Yerger’s 2010 order dismissing Eaton’s case against Frisby and sanctioning Eaton $1.5 million for its litigation skullduggery. Here is Alison Grant’s article on the ruling, which provides a good history of the dispute. … Continue Reading

A Look at Eaton’s Latest Recusal Attempt

Posted in Eaton v. Frisby
Alison Grant’s article on Monday in the Cleveland Plain Dealer contains Eaton’s motion to disqualify Judge Weill filed with the Mississippi Supreme Court. After reading the motion, I am left with the same impression that I had with Eaton’s prior recusal attempts. It’s a motion to recuse because the trial judge keeps ruling against Eaton. … Continue Reading

Eaton Loses a Battle on the Eastern Front

Posted in Eaton v. Frisby
Last week Alison Grant wrote in the Plain Dealer about Eaton Corp.’s latest loss. This one was in North Carolina where Frisby sued Eaton in 2011, as discussed here. The article reports: Eaton Corp.’s long slog to score a win in its nearly decade-long fight with competitor Frisby Aerospace came up empty this week in … Continue Reading

Eaton v. Frisby Update

Posted in Eaton v. Frisby
Here’s the latest from Eaton v. Frisby. On September 6 Judge Weill entered an Opinion and Order Regarding a August 21, 2013 Special Master Report. Here is Judge Weill’s Order. The order lists some interesting communications between Ed Peters, Michael Schaalman and Vic Leo: On October 25, 2007, e-mails concerning the trial date were exchanged … Continue Reading

Eaton Order Rejects Eaton’s Latest Story

Posted in Eaton v. Frisby
A Judge Weill Order in Eaton v. Frisby sheds some light on the Court’s view of Eaton’s defenses in the Peters mess. The Order states in part: Neither Frisby nor the Court has ever disputed that Ed Peters’ name appeared in an e-mail or two involving counsel for all parties (out of thousands) concerning the case. The … Continue Reading

Former Eaton In-House Attorney is Alleging Eaton’s Fourth Round of Fraud on Mississippi Court

Posted in Eaton v. Frisby
Last week in this post I linked former Eaton in-house attorney Sharon O’Flaherty’s lawsuit against Eaton, its CEO, General Counsel, and the Latham and Watkins law firm. What a bombshell. To review, the Hinds County Circuit Court has already found Eaton to have committed fraud at least three times: by Judge Swan Yerger in 2006 … Continue Reading

Eaton Wins!!! Eaton Wins!!!

Posted in Eaton v. Frisby
Eaton Corp. ended its litigation losing streak on Wednesday when a Federal Court in Ohio dismissed a shareholder lawsuit based on  the Frisby case. Here is Alison Grant’s article in the Plain Dealer. From the article: A federal judge in Cleveland has dismissed a shareholder’s lawsuit against Eaton Corp., saying there isn’t enough evidence to … Continue Reading

Fired Eaton In-House Lawyer Alleges CEO Knew About Evidence Suppression

Posted in Eaton v. Frisby
Alison Grant with Plain Dealer reports on a major bombshell in Eaton v. Frisby. Former Eaton in-house lawyer Sharon O’Flahtery is suing Eaton for blaming its problems in the Mississippi lawsuit on O’Flaherty. Excerpts from the article include: Former Eaton in-house lawyer Sharon O’Flaherty, 57, of Concord Township in Lake County, says in the lawsuit … Continue Reading

What Happens if the Supreme Court Reverses Judge Yerger’s Dismissal of Eaton’s Case on an Evidentiary Technicality?

Posted in Eaton v. Frisby, Mississippi Supreme Court
In my post last week on the Supreme Court oral argument in Eaton v. Frisby I noted that the Court might reverse Judge Yerger’s dismissal of Eaton’s claim on an evidentiary technicality. So how might that impact the case? To answer that question you need to read Judge Weill’s 123-page opinion where he found that … Continue Reading

DOJ: We Don’t Have Any Documents on the Ed Peters Immunity Deal

Posted in Eaton v. Frisby
Three years ago I repeatedly tried to get information on the Ed Peters immunity deal with the Department of Justice. I wrote about my unsuccessful attempts here, here, here and here. Eventually, I gave up because: (1) beating your head against a wall kind of hurts; and (2) retired federal prosecutor Tom Dawson disclosed and explained Peters’ … Continue Reading

Eaton, Peters, DeLaughter, Langston, Balducci

Posted in Eaton v. Frisby
Earlier today while writing a post that will appear tomorrow, I wondered about the timing of how the Eaton-Peters saga fit into, for lack of a better description, Scruggs-gate. This afternoon NMC has the answer here.   It’s fascinating to see what was happening as the feds lowered the boom.  Check out this insight by NMC … Continue Reading