Unless some decisions of verdicts have slipped through the cracks, here is the Mississippi Supreme Court’s record for ruling on verdicts so far in 2013: Decisions on Verdicts: 2 Plaintiff Verdicts Upheld: 1 (reversing court of appeals) Amount of Verdict Upheld: $500,000 Plaintiff Verdicts Reversed: 1 Amount of Verdict Reversed: $1 million My Take: Is … Continue Reading
As discussed at TBA last week, on Thursday the Mississippi Supreme Court reversed and remanded a 2011 jury verdict of $1 million in a Hinds County case. Plaintiff alleged medical malpractice against Dr. Charles Laney. Here is the Court’s opinion in Laney v. Vance. The facts of the case were not important for purposes of the Court’s opinion. … Continue Reading
Another hand down list from the Supreme Court, another win for the City of Jackson’s legal department. In a mere four page opinion, a unanimous court reversed and rendered the denial of the City’s summary judgment motion in City of Jackson v. Gardner. The plaintiff–who was later convicted of resisting arrest–got his leg broken when … Continue Reading
As reported by the A.P., Josiah Coleman will be sworn in as justice on the Mississippi Supreme Court Monday morning. The article did not list the time of the swearing in, but the Court’s website lists it as 10:00 a.m. in the en banc courtroom. Justices Randolph and King will also take oaths for their … Continue Reading
I borrowed the description of the Mississippi Supreme Court’s ruling in Coleman & Coleman Enterprises, Inc. v. Waller Funeral Home from a comment to Anderson’s post on the decision. It’s an apt description. The Court’s opinion made my head hurt. From Anderson’s post: Punitive damages of $25,000 were awarded, but in a posttrial motion for … Continue Reading
An A.P. article on Tuesday stated that the 5th Circuit’s ruling on the constitutionality of Mississippi’s non-economic damages caps will not be made until 2013. The article reports that briefing will not be complete until December 3. Oral argument has not been scheduled. Attorneys for the parties are uncertain about whether there will be oral argument: … Continue Reading
Patsy Brumfield filed a good article about the Northern District Supreme Court election. The article explains how Republican support for Josiah Coleman in the supposed non-partisan race translated to a big win. Long time readers of this blog know that I am a supporter of an appointed judiciary in Mississippi. The case for appointed judges … Continue Reading
Southern District voters re-elected Justice Michael Randolph to the Miss. Supreme Court yesterday, despite attacks by challenger Tal Braddock that Randolph has not saved any whales: “He’s an excellent justice, period. His opinions are well-written and he’s qualified … his worth ethic is outstanding. “Dag gum, this guy’s done everything but save the whales.” Hypothetical … Continue Reading
The Mississippi Business Journal Reports that the 5th Circuit Court of Appeals is asking for more briefs in the Sears v. Learmonth case. This is the case where the Mississippi Supreme Court refused to decide the constitutionality of the state’s non-economic damages on a certified question from the 5th Circuit. The 5th Circuit’s October 5, … Continue Reading
On Thursday the Mississippi Supreme Court reversed the Court of Appeals and ruled that an airport authority’s negligence in placing stairs at the terminal is a discretionary policy decision. Here is the Court’s opinion in Pratt v. Gulfport-Biloxi Regional Airport Authority. The plaintiff in the case was attempting to board a plane when he slipped and … Continue Reading
In 2010 the Ohazurike family–of obscure board game fame–obtained a $3.6 million judgment in a Hinds County Circuit Court case that should have been in county court. Here is my post on the verdict. On Thursday the Mississippi Supreme Court sank the Ohazurike’s proverbial Battleship in a unanimous decision. What was the Court’s vote? I’ll give you … Continue Reading
Can jurors decide a case based not on evidence presented at trial, but instead on a jurors’ personal experience? Footnote 7 from the Mississippi Supreme Court’s non-decision in Sears v. Learmonth created significant teeth gnashing on this question in the legal community—at least among lawyers who read the footnotes. Footnote 7 was the majority’s response to … Continue Reading
The Mississippi Supreme Court declined to rule on the constitutionality of the non-economic damages caps today in Sears v. Learmonth. Here is the Court’s opinion. Justice Randolph wrote the Court’s opinion. Justice Dickinson dissented. No other justices joined the dissent. I’ll give my take on the decision later–probably Monday. … Continue Reading
The Mississippi Supreme Court decided Ladnier v. Hester on Thursday. January 2, 2008. Here’s what happened. Diego: "Dudes, I’m hungry." Sparky: "Yea, old man Hester doesn’t feed us enough." Trigger: "Do you guys see what I see?" Diego: "Right on! Pasture run tonight at midnight." Sparky: "I don’t have a watch." Trigger: "Shut up, Sparky." Sparky: "No … Continue Reading
On Thursday the Mississippi Supreme Court reversed and remanded a $1.07 million judgment in a 2010 Hinds County trip-and-fall trial. This was a verdict obtained by Jackson attorney Ashley Ogden on behalf of a man who fell and injured his hip in Bailey Lumber & Supply in Jackson. Here is the Court’s opinion. The verdict was for … Continue Reading
In 2010 a Lincoln County jury rendered a $1.5 million verdict for Precision Welding against Denbury Resources. Here is my post on the verdict. On Thursday the Mississippi Supreme Court reversed and remanded the case for a new trial in a 6–3 decision. Here is the Court’s opinion. Justice Dickinson wrote the majority opinion. The … Continue Reading
On Tuesday the Supreme Court struck the state’s damages caps on non-economic damages. Not the Mississippi Supreme Court, obviously. It was the Missouri Supreme Court striking that state’s caps. John Day links the opinion on his blog. In Mississippi, the Sears v. Learmonth case on the issue has been pending for so long that it’s been months since I’ve … Continue Reading
The justices of the Mississippi Supreme Court were not in a good mood this week. Today the Court issued five opinions. All five were reversals. This helps explains why when I was going into the Gartin Justice Building this morning, at least five justices were at the security check point telling the guards that they were doing it all … Continue Reading
On Thursday the Mississippi Supreme Court reversed and remanded a $2.6 million judgment in Miss. Valley Silica Co. v. Eastman in a 6–3 decision. Here is the Court’s opinion. The Court’s decision stemmed from a 2010 silica trial in Warren County that resulted in a $7.6 million jury verdict. The trial court reduced the verdict … Continue Reading
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
On Thursday the Mississippi Supreme Court reversed and rendered a $2.5 million jury verdict against Kroger in 2009 based on the 2007 beating of a customer in a purse snatching incident. Here is the Court’s opinion in Knox v. Kroger. I wrote on the verdict in 2009 here and here. Justice Dickinson wrote the Court’s … Continue Reading
On Thursday a unanimous Mississippi Supreme Court reversed and remanded a 2010 Jones County jury verdict of $15.2 million in an asbestos drilling mud case. Here is the Court’s opinion in Phillips 66 Co. v. Lofton. I previously wrote about the verdict here and here. The big appeal issue was statute of limitations. I attended … Continue Reading
The Clarion-Ledger reported Friday on Thursday’s Mississippi Supreme Court decision that legal fees paid to private attorneys hired by Attorney General Jim Hood are public funds. The Court reversed two Hinds County judges who ruled that the attorney fees could be paid straight to the private attorneys. Both the plaintiff in the case (State auditor Stacey Pickering) and … Continue Reading
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
