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: Mississippi Supreme Court

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Parties Settle in Caps Challenge Case

Posted in Mississippi Supreme Court, Tort Reform
Those legal nerds observers looking forward to the big oral argument Wednesday in the case where the trial judge ruled that Mississippi’s damages caps are unconstitutional will be disappointed with this: the Court cancelled oral arguments. Here is the updated docket calendar. It states that the Court cancelled oral argument on September 16. On September 17 … Continue Reading

Lawyers Shouldn’t File Stuff Like This

Posted in Mississippi Supreme Court, U.S. District Courts in Mississippi
The Clarion-Ledger broke the story today about the ridiculous lawsuit that Jackson attorney Herbert Lee filed against Hinds County Circuit Judge Jeff Weill and selected justices of the Mississippi Supreme Court. Here is Lee’s Complaint, which he filed in federal court in Jackson. It’s an odd Complaint. In it, Lee feels compelled to point out that the … Continue Reading

Louisiana Lawyer Who Advanced $100,000 to Plaintiff Gets to Keep Fee Despite Losing 10 of 16 Votes on High Street

Posted in Mississippi Supreme Court
Yesterday on my Legal Malpractice Blog, I had a lengthy post about Thursday’s Mississippi Supreme Court decision in Forbes v. St. Martin. You can read the post here. Go read the post and come back here. In a 4-3 decision, the Court reversed the Court of Appeals and reached a decision that clears the way … Continue Reading

When is an Alligator Wild?

Posted in Mississippi Supreme Court
Always. Alligators are always wild. Now for the rest of the story. On May 15, 2014 a divided Mississippi Supreme Court reversed the Court of Appeals and reinstated the trial court’s summary judgment in the famous alligator case. Here is the Court’s opinion. The plaintiffs owned land adjacent to an alligator-infested waste-disposal site owned by … 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. 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

Big Week at the Miss. Supreme Court

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
In addition to the Miss. Supreme Court’s big decision in Eaton v. Frisby last week, the Court also issued decisions in several other big civil cases. The list includes:  Estate of Bloodworth v. Illinois Central R.R.: affirmed summary judgment in Tallahatchie County wrongful death crossing accident case; Mitchell Crane Services v. Page: reversed and rendered … Continue Reading

Baker & McKenzie and its Insurer Still in Bad Shape After Appeal Win

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
As mentioned last week, mega firm Baker & McKenzie won a reversal on causation and damages last week of the $103 million Jones County legal malpractice verdict against the firm. Now for the bad news for Baker & McKenzie. Justice Pierce wrote the majority opinion. All nine Mississippi Supreme Court Justices agreed that the plaintiffs … 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

Updated Mississippi Supreme Court Scoreboard for 2013

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
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

Miss. Supreme Court’s Reversal of $1 Million Jury Verdict in Medical Malpractice Case is Example of Why State Court Judges Need to Alter System for Formulating Jury Instructions

Posted in Appellate Decisions From Jury Verdicts, Improving the Jury System, Mississippi Supreme Court
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