Mississippi Litigation Review & Commentary

Mississippi Litigation Review & Commentary

Comments on the Latest Developments in Mississippi Civil Litigation

Philip is a trial attorney based in Jackson, Mississippi with a diverse civil litigation practice.

Category Archives: U.S. District Courts in Mississippi

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$1,222,314 Jury Verdict in Gulfport Federal Court Car Wreck Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Thursday a federal court jury in Gulfport returned a plaintiff verdict of $1,222,314.93 in Stafford v. Government Employees Insurance Co., et al. Here is the original Complaint. Plaintiff was rear-ended while working for the county in 2012 by someone who was allegedly looking at her phone. Plaintiff sued the driver and several insurance companies… Continue Reading

Defense Verdict in Jackson Federal Court Racial Discrimination Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Tuesday a Jackson federal court jury rendered a defense verdict in Zhan v. UMMC. Here is the jury’s Verdict Form. The jury found that race was not a motivating factor in the plaintiff’s termination. Here is the plaintiff’s Complaint. District Judge Carlton Reeves presided over the six day trial. The plaintiff was pro se,… Continue Reading

$37,200 Jury Verdict in Gulfport Federal Court Sexual Harassment Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
What better way to observe Presidents’ Day than a report on a jury verdict in a recent sexual harassment trial? The trial was week before last in Gulfport in the case of Canaski v. Mid-Mississippi Properties. Here is the salacious Complaint. The three plaintiffs alleged sexual harassment and retaliation by defendants after the defendants bought… Continue Reading

$114,847 Verdict in Jackson Federal Court Retaliation Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Wednesday a Jackson federal court jury rendered a plaintiff verdict of $114,847.53 in Schaeffer v. Warren County, Miss. Here is the Complaint. The plaintiff asserted claims for age discrimination, FLSA violation for not paying overtime and retaliation for being fired in connection with complaining about not receiving overtime pay. The Court granted partial summary… Continue Reading

$110,000 Verdict in Gulfport Federal Court Slip-and-Fall Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On January 11, 2017 a federal court jury in Gulfport rendered a verdict for the plaintiff in Garcia v. Fickling Management Services, Inc. Here is the Complaint. Plaintiff, Linda Garcia, a 65-year-old woman, slipped and fell down concrete steps covered in ice while exiting her apartment at the Palm Isle apartment complex in Biloxi, MS… Continue Reading

Arbitration Reform is Toast

Posted in National Politics, Tort Reform, U.S. District Courts in Mississippi
When I last talked about the ban of arbitration clauses in nursing home admission agreements, the political climate suggested that this was a first step in broader reform of consumer arbitration. What a difference a few weeks makes. As reported by the ABA last week, on Monday District Judge Mike Mills entered a preliminary injunction… Continue Reading

$8.5 Million Jury Verdict in Federal Court Crane Accident Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Thursday a federal court jury in Gulfport rendered an $8.5 million verdict in Williams v. Manitowoc Cranes, LLC. The case involved a crane accident in which the plaintiff suffered a traumatic brain injury. The plaintiffs filed the case in federal court in 2014. The jury determined that the crane failed to contain adequate warnings… Continue Reading

Nursing Homes Operators Sue to Uphold Arbitration — Are They Honest in Complaint?

Posted in Tort Reform, U.S. District Courts in Mississippi
On Monday the American Health Care Association, Mississippi Health Care Association and several nursing homes sued the federal government in federal court in Oxford. The suit challenges the recent ban on pre-dispute arbitration provisions in nursing home admission agreements. I wrote about the ban in this post. Here is the Complaint. This is a real… Continue Reading

5th Circuit Affirms $6.5 Million Judgment in Breach of Fiduciary Duty Case

Posted in 5th Circuit Court of Appeals, U.S. District Courts in Mississippi
Jimmy Gates with the Clarion Ledger reported a few weeks ago on the 5th Circuit Court of Appeals affirming a 2014 bench trial verdict of $6.49 million by U.S. District Judge Daniel Jordan. The case was tried for three weeks in 2014 and involved ERISA breach of fiduciary duty claims. Here is the 5th Circuit’s… Continue Reading

A Look at Filing Statistics for Labor and Employment Cases in Federal Court

Posted in U.S. District Courts in Mississippi
Mississippi Bar Labor and Employment Section Chair Nick Norris recently provided me with the section’s research regarding labor and employment filings in federal court for 2005 – 2014. Here it is: Labor and Employment Section Filing Statistics With the exception of a bump during 2009-2010, Northern District filings have remained constant at about 100 per… Continue Reading

Judge Reeves Grants Phil Bryant’s Motion to Lose Again

Posted in Politics in Mississippi, U.S. District Courts in Mississippi
“Thank you sir may I have another!” On Monday U.S. District Judge Carlton Reeves denied Governor Phil Bryant’s Motion to Stay preliminary injunction preventing HB 1523 from becoming law. Here is Larrison Campbell’s article on the decision on Mississippi Today and here is the order denying motion to stay. It was a stupid motion. Judges… Continue Reading

HB 1523 Update: Governor Bryant Appeals

Posted in Politics in Mississippi, U.S. District Courts in Mississippi
Arielle Dreher with the Jackson Free Press reported last week that Governor Phil Bryant appealed U.S. District Judge Carlton Reeves’ decision blocking HB 1523. In addition to the appeal, Governor Bryant asks Judge Reeves to issue a stay on his preliminary injunction because Bryant is likely to succeed on appeal. From the article: Rob McDuff,… Continue Reading

State Has Close to 0% Chance of Getting Reversal of Judge Reeves’ HB 1523 Decision

Posted in 5th Circuit Court of Appeals, U.S. District Courts in Mississippi
Over the weekend I read Judge Reeves’ entire opinion in which he issued a preliminary injunction enjoining the enactment or enforcement of HB 1523. It’s not a good look for Governor Phil Bryant and the state’s right-wing leadership. Here are some key and interesting points from Judge Reeves’ opinion: the State can’t promote one religious… Continue Reading

HB 1523 Update: Gov. Bryant Looking Forward to Losing Again

Posted in Politics in Mississippi, U.S. District Courts in Mississippi
On Thursday U.S. District Judge Carlton Reeves further gutted HB 1523 with this 60 page decision: Barber v. Bryant opinion. I will have more on Judge Reeves’ opinion next week. Meanwhile, according to this Jackson Free Press article Attorney General Jim Hood is not geeked up about losing the case again on appeal: “In consideration… Continue Reading

Federal Court Strikes HB 1523 – Mississippi Preserves its Reputation for Bigotry

Posted in Politics in Mississippi, U.S. District Courts in Mississippi
On Monday U.S. District Judge Carlton Reeves struck the central ‘feature’ of HB 1523, ruling that county clerks must issue marriage licenses to gay and lesbian couples. Here is Larrison Campbell’s article on Mississippi Today. Here is Judge Reeves’ Order. The Order includes a lot of procedural noise. Here are key passages: In 2016, Mississippi… Continue Reading

Judge Carlton Reeves States Fact– Internet Blows Up

Posted in Politics in Mississippi, U.S. District Courts in Mississippi
From ABC News, to an AP report on Yahoo, to our own Yall Politics, the internet is blowing up. Shockingly, Judge Carlton Reeves stated in Court that the Confederate Flag is anti-American because it represents those who fought to leave the United States.  Fact Check: The Confederate army fought for the eleven Confederate States of… Continue Reading

$3.1 Million Attorney’s Fees Award in Bruister’s Millions ERISA Case

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
Last month I wrote here about a $6.5 million federal court bench verdict in an ERISA breach of fiduciary duty case. On Tuesday, U.S. District Judge Dan Jordan entered this Order awarding the plaintiffs $2,700,459.25 in attorneys fees and $416,052 in expenses. That raises the plaintiffs’ total judgment in the case to almost $10 million.… Continue Reading

Former Jackson County Sheriff Loses $260,000 Verdict For Hitting on Deputy

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
A Gulfport federal court jury rendered a $260,000 verdict last week against former Jackson County Sheriff Mike Byrd. Here is the Sun Herald’s article on the verdict. Here is the Complaint. The plaintiff also sued Jackson County, which prevailed in the lawsuit. As for Byrd’s conduct, the Sun Herald reports: Seibert said she had been… Continue Reading

$900,000 Punitive Damages Verdict in Jackson Federal Court Breach of Contract Case

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
Last Wednesday a federal court jury in Jackson rendered a punitive damages verdict of $900,000 in KLLM Transport Services, LLC v. JBS Carriers, Inc. Here is the punitive verdict. This was in addition to the compensatory verdict of $36,950. Here is the compensatory verdict. The jury determined that JBS breached the duty of good faith… Continue Reading