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: Politics in Mississippi

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Jones County Voters Elect New Circuit Judge

Posted in Politics in Mississippi
For the first time in nearly 30 years, someone other that Judge Billy Joe Landrum will preside over the Jones County Circuit Court in January. Laurel attorney Dal Williamson defeated Judge Landrum in Tuesday’s runoff. Not much media coverage of the runoff. I couldn’t find anything other that the WDAM story linked above, which provides [&hellip… Continue Reading

Rare Circuit Court Judge Runoff Today

Posted in Politics in Mississippi
Today Jones County voters will decide a rare runoff in a Circuit Court Judge election. The runoff is between longtime incumbent Judge Billy Joe Landrum and Laurel attorney Dal Williamson. Things have gotten a bit heated in Laurel. From the WDAM article on the election:  “My opponent has resorted to negative ads, untruth, that’s very [&hellip… Continue Reading

Senate Race Redux

Posted in Politics in Mississippi
Here is my first and probably last post on the Republican U.S. Senate Primary. In an election, the candidate with the most votes on the day after the election always wins. Opinions may differ about whether it was fair, someone cheated, etc… But the candidate with scoreboard is always going to end up the winner… Continue Reading

How Are Government Business Incentives Working for Mississippi’s Economy?

Posted in Politics in Mississippi
Last week the Bigger Pie Forum had an interesting post identifying the “Top 10 crony capitalism deals in Mississippi.” The cited deals were instances where Mississippi used “massive government incentives to lure business.” The new outlet mall in Pearl didn’t make the list. Projects that did make the list included the Toyota plant ($354 million in [&hellip… Continue Reading

Mississippi Legislature Passes Bill Moving Hurricane Season to Winter

Posted in Politics in Mississippi
Jackson, MS (MLR)- With the Mississippi Legislative session slated to end soon, the House and the Senate passed a bill Tuesday moving hurricane season to the winter. Mississippi’s hurricane season will now run from November 1 through March 31. Proponents of the bill claim that moving hurricane season out of the summer will benefit Mississippi’s [&hellip… Continue Reading

Federal Judge Rejects U.S. Attorney’s Attempt to Pull Rank in Public Records Dispute

Posted in Politics in Mississippi
Last week the U.S. attorney’s office tried to bail State Auditor Stacey Pickering out of his public records request mess by trying to pull rank on state court Judge Jennifer Schloegel of Gulfport. Here is the A.P.’s report. It took U.S. District Judge Keith Starrett little time to reject what smelled like a back room [&hellip… Continue Reading

Rampant Stupidity Over Public Records

Posted in Politics in Mississippi
What is it with some government agencies and refusing to release public records? Public records are just that. Records that the public is entitled to under state law. Don’t like it? Too bad. That’s the law. Judges are in the business of enforcing the law. So refuse to follow a judges order to release public [&hellip… Continue Reading

Federal Judge in Texas Strikes Abortion Clinic Doctor Admitting Privileges Requirement

Posted in Politics in Mississippi, U.S. District Courts in Mississippi
News broke this week that a federal judge in Texas struck a portion of a Texas law that required abortion clinics to have doctors with admitting privileges at area hospitals. Here is a report on the ruling. The article states: U.S. District Judge Lee Yeakel blocked the law’s admitting privileges requirement, arguing that it “places [&hellip… Continue Reading

WSJ Op-Ed: Pension Funds’ Expected Rate of Return = Biggest Lie in Global Finance

Posted in General, Mississippi Public Employer's Retirement System (PERS), Politics in Mississippi
Regular readers of this blog know about my prior criticisms of the expected rate of investment return assumption in the Mississippi Public Employees Retirement System. Here are my prior posts. A Wall Street Journal opinion by former hedge fund manager Andy Kessler calls pension funds’ (like PERS) investment return assumption a fantasy that will leave [&hellip… Continue Reading

Matt Steffey: Caps Debate Not Settled

Posted in Politics in Mississippi
The Clarion-Ledger printed this story this morning by Miss. Business Journal writer Clay Chandler. The story covers the status of the non-economic damages caps debate following the 5th Circuit upholding the caps in Sears v. Learmonth. The story extensively quoted MC Law School Professor Matt Steffey: “The Mississippi Supreme Court is not by anyway bound [&hellip… Continue Reading

Commentary on the Fifth Circuit’s Ruling in Sears v. Learmonth

Posted in 5th Circuit Court of Appeals, Politics in Mississippi, Tort Reform
When I wrote last week that I would comment later on the Fifth Circuit upholding Mississippi’s damages cap in Sears v. Learmonth, I hoped that the intervening days would fuel inspiration on the topic. They haven’t. I don’t have much to say. The Fifth Circuit’s opinion was about what you would expect from an opinion [&hellip… Continue Reading

Alienation of Affection Cause of Action Survives Legislative Challenge

Posted in Alienation of Affection Lawsuits, Politics in Mississippi
The Senate bill that sought to abolish the alienation of affection cause of action is dead. Randy Wallace has the story on his blog. Theoretically, the Mississippi Supreme Court could still strike the action on legal grounds such as the murky causation and damages elements of an alienation of affection claim. But no one expects [&hellip… Continue Reading

Senate Bill Aims to Abolish Alienation of Affection Cause of Action

Posted in Alienation of Affection Lawsuits, Politics in Mississippi
Mississippi Senate Bill No. 2376 is a proposal to abolish Mississippi’s fairly ridiculous alienation of affection cause of action: Section 1.  The tort of alienation of affection is abolished, and no cause of action shall lie thereon at the suit of any party. Section 2 would make the bill effective on July 1, 2013. My Take: This [&hellip… Continue Reading

State Democrats vs. Math in PERS Debate

Posted in Mississippi Public Employer's Retirement System (PERS), Politics in Mississippi
Last week the Clarion-Ledger reported on Mississippi Democrats taking a hard line against any changes to the State’s Public Employee Retirement System (PERS). To be clear, the Democrats’ apparent strategy is not to challenge Republicans’ plans for modifications to PERS with a different plan. Instead, Democrats argue that PERS isn’t in trouble. The Democrats may [&hellip… Continue Reading

Commentator: State Budgets Soon to Be Under Siege Due to PERS Funding Shortfalls

Posted in Mississippi Public Employer's Retirement System (PERS), Politics in Mississippi
I’m still mostly on a blog sabbatical, but here is a good article I saw this weekend related to one of my pet topics: PERS. The author is John Mauldin, who is a deep thinker on financial topics. The article attacks the 8% investment assumption that Mississippi and many other states follow. It contains a [&hellip… Continue Reading

PERS Investment Performance Still Bad as Employer Costs Rise

Posted in Mississippi Public Employer's Retirement System (PERS), Politics in Mississippi
There has been a lot of PERS news in the last couple of weeks. As initially reported on Jackson Jambalaya, PERS funding has dropped to 58%. The rate of investment return for 2012 was only 0.6% Kingfish notes that this leaves both the 5 year and 10 year averages below the assumption of 8%. Missing [&hellip… 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 [&hellip… 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 [&hellip… Continue Reading

Is the Glass Half Full or Half Empty for PERS and MPACT?

Posted in Mississippi Public Employer's Retirement System (PERS), Politics in Mississippi
Got the chart below on the Big Picture Blog, which is great. The chart shows that the S&P 500 is approaching levels seen in both 2007 and 2000 before massive sell offs. A 50% drop in the S&P 500 now would be devastating for both PERS and MPACT. Some people look at this chart and conclude that [&hellip… Continue Reading