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

Subscribe to Mississippi Supreme Court RSS Feed

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

Miss. Supreme Court Affirms $484,141.98 Jury Verdict in Medical Malpractice Case

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday a unanimous Mississippi Supreme Court affirmed a jury verdict of $484.141.98 in Robinson v. Corr. Facts: This was a medical malpractice case. In 1998, Regina Corr gave birth at Gulfport Memorial Hospital. Her OB/GYN (Dr. Charles Robinson) delivered by C-section. During the procedure, Regina’s uterus was lacerated, requiring repair. A urology consult the… Continue Reading

Chancellor Dawn Beam Appointed to Miss. Supreme Court

Posted in Mississippi Supreme Court, Politics in Mississippi
Last week Governor Bryant appointed Chancellor Dawn Beam to the Mississippi Supreme Court. Judge Beam will fill the vacancy created by the resignation of Justice Pierce, which I covered here. Here is Judge Primeaux’s post on the appointment, which is definitely worth the read. Judge Primeaux applauds the appointment but contends that there should be… 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

Justice Pierce Resigns from Supreme Court and I Renew My Call for Appointed State Court Judiciary

Posted in Mississippi Supreme Court, Politics in Mississippi
Justice Randy Pierce announced Monday that he is resigning from the Court to head the Judicial College at the University of Mississippi School of Law. Here is the Clarion-Ledger’s article on the story. In yesterday’s post concerning Justice Chandler’s resignation I mentioned rumors of other departures. This was one of the rumors I had heard.… Continue Reading

Winds of Change Blowing at Miss. Supreme Court

Posted in Mississippi Supreme Court, Politics in Mississippi
I was out of town last week, so naturally there was big news in the Mississippi legal community. On Monday, Governor Bryant appointed Supreme Court Justice David Chandler as executive director of the Division of Family Children’s Services, which will oversee the state’s foster care system. Justice Chandler immediately resigned from the Mississippi Supreme Court… Continue Reading

Miss. Supreme Court Decision Recognizing Same Sex Divorce Draws Controversial Dissents

Posted in Mississippi Supreme Court
Having waited for the U.S. Supreme Court to rule on the issue of same sex marriage, it was unsurprising that last week the Mississippi Supreme Court remanded a same sex divorce case to chancery court where the divorce will presumably be granted. Here is the Court’s decision. Here is the Clarion-Ledger’s article on the decision.… Continue Reading

What to Make of the Supreme Court’s Ruling in the AWP Litigation?

Posted in Mississippi Supreme Court, Tort Reform
As discussed here week before last, the Mississippi Supreme Court affirmed a $30 million bench verdict in favor of the State of Mississippi against Sandoz, Inc. for overcharging the State for drugs.Here is the Court’s opinion. The decision was actually a tie, as explained last week by Judge Primeaux on his blog: Justice Chandler wrote… Continue Reading

Miss. Supreme Court Affirms $30 Million Bench Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
The Mississippi Supreme Court affirmed a $30 million bench verdict on Thursday in Sandoz v. State of Mississippi. Here is Court’s the opinion and here is my 2011 post mentioning the verdict. This was a state A.G. case that charged Sandoz with inflating wholesale prices of prescription drugs. Here is Jane’s Law Blog’s summary of… Continue Reading

Trial Court Filings Leveling Off

Posted in Mississippi Supreme Court, Tort Reform
The Mississippi Supreme Court recently released its 2014 Annual Report. On page 25 (pdf p. 30), the report lists trial court filings and dispositions for 2010-2014. Circuit court civil filings were as follows: 2010: 25,800 2011: 26,862 2012: 23,553 2013: 19,429 2014: 19,305 In 2014 county court civil filings were 24,793 and chancery court filings were… Continue Reading

Judicial Temperament Not Required

Posted in Mississippi Supreme Court
On Thursday Anderson covered the latest from Lee County Chancery Court Judge Talmadge Littlejohn. The Mississippi Supreme Court suspended Judge Littlejohn thirty days without pay and imposed a public reprimand as a result of Judge Littlejohn, once again, throwing someone in jail when he should not have. Here is the Court’s opinion. In this case,… Continue Reading

Now This is a real judge – public defender fight

Posted in Hinds County Circuit Court, Mississippi Supreme Court
As reported by TBA, yesterday the Mississippi Supreme Court ruled on the brouhaha between the Hinds County Public Defender’s office and Judge Jeff Weill. Lest anyone think this was a real fight comes this ABA Journal report on a fight between a judge and public defender in Florida. The Florida fight involved a “highly unlikable… Continue Reading

Supreme Court Reverses and Renders Silica Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed and rendered a $787,500 silica case judgement in Mine Safety Appliance Co. v. Holmes. It was a 6-3 decision with Chief Justice Waller writing the majority opinion. Here is Jane Tucker’s post that contains a summary of the decision. This was a products case with the product at… Continue Reading

Mandatory Scheduling Orders and Trial Settings Coming to State Court?

Posted in Improving the Jury System, Mississippi Supreme Court
In what could be a major change for state court litigation, the Mississippi Supreme Court is requesting comments about proposed amendments to the Rules of Civil Procedure. The proposals include mandatory scheduling orders and trial settings for civil actions. Here is the Court’s entire document on the proposals. Here is the Advisory Committee on Rules’… Continue Reading

Justice King Shoots Gay Marriage Opponents in the Gut

Posted in Mississippi Supreme Court
Last week’s Order and two written objections in Mississippi’s gay divorce case is fascinating from both a procedural and substantive standpoint. Here is the Court’s order. The legal issue in the case is whether a gay Mississippi resident who was lawfully married in another state may obtain a divorce in Mississippi. The State of Mississippi–maintaining… Continue Reading

January Miss. Jury Verdict Reporter Preview

Posted in Mississippi Supreme Court, Verdicts in Mississippi
Here is a preview of the verdicts detailed in the January issue of the Mississippi Jury Verdict Reporter: $600,000 verdict- Jackson federal court First Amendment / retaliation case discussed here and here (overturning verdict) (10/2/14); $20,757 verdict- Harrison County car wreck case, but with 10% fault to plaintiff (10/9/14); $250 verdict- DeSoto County car wreck case (9/4/14);… Continue Reading

Duck, Duck………

Posted in Mississippi Supreme Court
Goose!!!! Get it? It’s a goose case. The opening line from Miss. Supreme Court Justice Kitchens’ majority opinion says it all: Janet Olier was attacked and chased by a domestic goose in Donna Bailey’s yard. As she attempted to flee, she fell and broke her arm. Olier sued Bailey in the County Courty of Jackson… Continue Reading

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