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

Tag Archives: alienation of affection

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 … Continue Reading

Miss. Court of Appeals Rules that it’s Not Cheating if you Don’t Get Caught

Posted in Alienation of Affection Lawsuits, Mississippi Court of Appeals
The Miss. Court of Appeals settled an age old question last week: it’s not cheating if you don’t get caught(within 3 years)—at least not when it comes to getting sued. Here is the Court’s opinion in Cheated on vs. Dude Who Cheated with Spouse. Facts: Yep. It’s another alienation of affection case. The relevant facts … Continue Reading

Miss. Supreme Court Rules that Out-of-State Residents Can be Sued in Mississippi for Alienation of Affection

Posted in Alienation of Affection Lawsuits, Mississippi Supreme Court
On Thursday in Knight v. Woodfield the Mississippi Supreme Court ruled that Mississippi’s long-arm statute covered a Louisiana resident who had an affair with a Mississippi resident. The ruling allows the perpetrator’s former spouse to maintain an alienation of affection lawsuit against the Louisiana resident. Here is the Court’s opinion. Facts: A Harrison County resident cheated on … Continue Reading

$300,000 Jury Verdict in Federal Court Alienation of Affection Trial

Posted in Alienation of Affection Lawsuits, U.S. District Courts in Mississippi, Verdicts in Mississippi
On October 21, 2010 a federal court jury in Jackson rendered a plaintiff’s verdict of $300,000 in an alienation of affection case. Here is the Complaint in Ainsworth v. Gildea. The case settled before the jury could render a verdict on punitive damages. Here is the jury’s verdict form. Here is the Court’s order of dismissal. … Continue Reading

Looking Back at the Alienation of Affection Verdict in Robertson v. Russell

Posted in Alienation of Affection Lawsuits, Verdicts in Mississippi
Background Before Christmas I reported the plaintiff’s verdict for $80,000 in Madison County Circuit Court in the Robertson v. Russell case. My initial impression was that the result was a loss for both sides. I still feel that way. Facts The facts of the case were typical for an alienation of affection case (or any example of … Continue Reading

Alienation of Affection Trial Starts in Canton on Tuesday

Posted in Alienation of Affection Lawsuits, General
The alienation of affection trial in Robertson v. Russell starts in Madison County Circuit Court in Canton on Tuesday. Judge Samac Richardson will preside over the trial. The defendant is a Jackson doctor who had an affair and later married the plaintiff’s wife. The two worked at the same hospital and worked out together at the same health … Continue Reading

$88,000 Jury Verdict in Lowndes County Alienation of Affection Trial

Posted in Alienation of Affection Lawsuits, Verdicts in Mississippi
Last week a Lowndes County Circuit Court jury awarded Chrissy Strickland $88,000 in damages in an alienation of affection lawsuit against Melissa Simmons. The verdict consisted of $87,500 in compensatory damages and $500 in punitive damages. The small punitive verdict will allow the plaintiff to recover attorney’s fees. The plaintiff (Strickland) alleged that in early … Continue Reading

Alienation of Affection Cause of Action Defined

Posted in Alienation of Affection Lawsuits, Appellate Decisions From Jury Verdicts, National Politics, Politics in Mississippi
The Leisha Pickering alienation of affection lawsuit is bringing attention to this little used cause of action. The theory is without question alive and well in Mississippi. In August 2008 the Mississippi Supreme Court issued its opinion in Pierce v. Cook, a case that involved claims for alienation of affection and intentional infliction of emotional … Continue Reading

Chip Pickering’s Girlfriend sued for Alienation of Affection

Posted in Alienation of Affection Lawsuits, National Politics, Politics in Mississippi
As reported by the Clarion-Ledger and at Ipse Blogit, Leisha Pickering, otherwise known as Mrs. Chip Pickering, is suing Elizabeth Creekmore Byrd for alienation of affection. This is a cause of action where you sue the person your spouse had an affair with for busting up your marriage. The action is not recognized in many … Continue Reading