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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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

Miss. Supreme Court Issues “Whack” Decision on Punitive Damages

Posted in Mississippi Supreme Court
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

A.P. Reports 5th Circuit Ruling in Sears v. Learmonth Will be Next Year

Posted in 5th Circuit Court of Appeals, Mississippi Supreme Court
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

Thoughts on the Northern District Supreme Court Race

Posted in Mississippi Supreme Court, Politics in Mississippi
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

Justice Randolph Fails to Save a Whale–Wins Re-election to Mississippi Supreme Court Anyway

Posted in Mississippi Supreme Court, Politics in Mississippi
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

5th Circuit Moving Forward with Deciding Caps in Sears v. Learmonth

Posted in 5th Circuit Court of Appeals, Mississippi Supreme Court
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

Good Grief, Charlie Brown: Mississippi Supreme Court Rules that Negligent Conduct by Governmental Entity is a Policy Decision

Posted in Mississippi Supreme Court
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

Plaintiffs Rolls Yahtzee – Supreme Court Sinks Their Battleship

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
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