Judge Allen Pepper Leaves Big Shoes to Fill

The news Tuesday of the passing of U.S. District Judge Allen Pepper was a shocker. It was just last week that I reported on a jury verdict in a case tried before Judge Pepper.

The Mississippi legal community expressed uniform admiration for Judge Pepper and sadness over his death. From Patsy Brumfield's article in the NEDJ:

Chief U.S. Dist. Judge Mike Mills:  “I’ve lost a good friend, a wonderful person.” “He was a good judge.” "He will be missed all over the state of Mississippi.”

Ashland attorney Anthony Farese: He was  “an excellent judge who firmly followed the law, but had compassion for his fellow man.”
Oxford attorney Christi McCoy: A finer person has never put on a black robe.” “He truly cared for the people he had to sentence.”
Tupelo attorney Guy Mitchell III: “He was a fair-minded man.”

From Jimmy Gates' article in the Clarion-Ledger:

U.S. Dist. Judge Neal Biggers: “He was a pleasure to work with and also just to hang out with."

Tupelo attorney Jim Waide: "They just loved him around the (federal) courthouse."
Former Greenville Mayor Heather McTeer: “had a strong history on the federal bench" and "was very supportive of his community."
U.S. Dist. Judge Sharion Aycock: “His life included practically every facet of public service - with over thirty years in private law practice, service on numerous state and national professional boards and committees, his military service, his church, his community, not to mention his exemplary service to the federal judiciary."  

A bio on Judge Pepper locate by Cottonmouth states that Judge Pepper maintained a solo practice in Cleveland for thirty years before being appointed to the bench in 1999.

I did not know Judge Pepper and never personally appeared before him. But I have an affinity for any lawyer who can maintain a solo practice for thirty years. Attorneys who practiced before Judge Pepper loved him. He will be sorely missed.   

$771,000 Verdict in North Mississippi Federal Court Employment Retalitory Discharge Trial

On Thursday a North Mississippi Federal Court jury in the Delta Division rendered a total verdict of $771,000 in a retaliatory discharge trial against DeSoto County and jail administrator Steve Atkinson.

The plaintiffs were former jailers Tammy Williams, Cheryl Hambrick and Earl Russell. The plaintiffs alleged that they were fired for reporting Sgt. Stephen Winters for assaulting an inmate in the jail. Here is the Third Amended Complaint. The defendants claimed that the plaintiffs were fired for other reasons.

The firings happened in 2004. Plaintiffs filed suit in 2005. The case was twice appealed to the 5th Circuit and there was a trial with a hung jury in March 2011.

The jury found for all three plaintiffs against both defendants. Here is the jury's verdict. The jury awarded the following damages:

  • $182,000 actual damages to Tammy Willliams
  • $215,000 actual damages to Cheryl Hambrick
  • $174,000 actual damages to Earl Russell
  • $50,000 punitive damages to Tammy Williams
  • $50,000 punitive damages to Earl Russell
  • $50,000 punitive damages to Cheryl Hambrick

Jim Waide and Rachel Pierce of Waide and Associates and Shane McLaughlin (all of Tupelo) represented the plaintiffs. It appears that Steven Lacey from Barfield & Associates in Madison was the lead defense counsel. 

District Judge Allen Pepper presided in the case.

$388,000 Verdict in Northern District Federal Court Racial Discrimination Case

On November 4 a Northern District (Western Division) Federal Court jury awarded Michael Mathis $388,000 against Northeast Mississippi Electric Power Association. Here are the jury's special verdict forms.

Here is the plaintiff's complaint. The plaintiff alleged that NEMEPA fired him because he is black. The jury agreed.

The jury awarded $138,000 for back pay and benefits and $250,000 for non-economic damages. In addition, the jury found that the plaintiff should be awarded punitive damages, but could not unanimously decide on an amount.

Jim Waide and Rachel Pierce of Tupelo represented the plaintiff. Lawrence Little of Oxford and Dion Shanley of St. Augustine Florida represented the defendants. Judge Allen Pepper presided in the case.

My Take:

Is it just me, or does it seem like plaintiff verdicts are getting more common in employment cases, but it's harder than ever for a plaintiff to win a personal injury case? Maybe in these tough economic times, juries are placing more value in a person's job.

The jury's verdict on punitive damages is very interesting. Does this mean that the plaintiff gets a new trial on the issue of the amount of punitive damages?

We may not get an answer to that question. The Magistrate Judge is scheduled to mediate the case on Tuesday. Anyone want to bet that the case does not settle?

$578,000 Federal Court Jury Verdict in Employment Discrimination Case

On August 12, 2011 a federal court jury in the Northern District rendered a $578,500 verdict against Boyd Tunica, Inc. d/b/a Sam's Town Hotel & Gaming Hall in an employment discrimination case. Here is the Jury's verdict. Here is a Clarion-Ledger article on the verdict.

The jury awarded the following damages:

  • $102,000: back pay
  • $76,500: mental anxiety
  • $400,000: punitive damages.

The plaintiff Marc Silverberg alleged that he was discriminated against because he is Jewish. Here is the Complaint.Here is plaintiff's brief opposing summary judgment.

Jim Waide of Tupelo represented the plaintiff. Gary Friedman and La Toya Merrit with Phelps Dunbar in Jackson represented the defendant. Judge Allen Pepper Jr. was the trial judge.