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: Judge Swan Yerger

What Happens if the Supreme Court Reverses Judge Yerger’s Dismissal of Eaton’s Case on an Evidentiary Technicality?

Posted in Eaton v. Frisby, Mississippi Supreme Court
In my post last week on the Supreme Court oral argument in Eaton v. Frisby I noted that the Court might reverse Judge Yerger’s dismissal of Eaton’s claim on an evidentiary technicality. So how might that impact the case? To answer that question you need to read Judge Weill’s 123-page opinion where he found that… Continue Reading

Miss. Ct. of Appeals Affirms Default Judgement for Incorrect Interrogatory Response

Posted in Mississippi Court of Appeals
On Tuesday the Mississippi Court of Appeals issued a controversial decision in City of Jackson v. Rhaly. Here is the Court’s opinion. Facts: The case was a lawsuit against the City for flood damages after a creek overflowed because it was not properly maintained. In interrogatory responses the plaintiffs requested any standard operating procedures which… Continue Reading

Eaton v. Frisby: The Rabbit has the Gun, Shareholder Sues Eaton Officers and Board and CEO Dumps Shares

Posted in Eaton v. Frisby
Alison Grant with the Plain Dealer (Cleveland newspaper) reported last week on two lawsuits recently filed against Eaton Corporation related to the Eaton v. Frisby litigation in Hinds County. The North Carolina Antitrust Case The first case is an antitrust case filed by Frisby (now called Triumph Actuation Systems) in North Carolina on February 1.… Continue Reading

Eaton Wants to Play “Let’s Make a Deal” Game Show on Trial Judge Assignment

Posted in Eaton v. Frisby, Hinds County Circuit Court
Hinds County Circuit Judge Swan Yerger retired effective the end of 2011. Former Jackson City Councilman Jeff Weill was elected to replace Judge Yerger and inherited his docket. On January 4, 2011–-the day of Judge Weill’s investiture—Eaton Corporation moved to have Judge Weill recuse himself from the Eaton v. Frisby case. Eaton filed its motion under seal… Continue Reading

Breaking News: Judge Yerger Throws Out Eaton’s Case Against Frisby Due to Ed Peters-Bobby DeLaughter Related Misconduct

Posted in Eaton v. Frisby, Hinds County Circuit Court
Perhaps the biggest legal development of the year in Mississippi happened today during what is usually the quietest weeks of the year for lawyers and the judiciary. Hinds County Circuit Court Judge Yerger unsealed an opinion today dismissing Eaton Corporation’s case against Frisby due to Eaton’s hiring Ed Peters to improperly influence Judge Bobby DeLaughter… Continue Reading

City of Jackson Between a Rock and a Hard Place on Waste Water Contract Dispute

Posted in Hinds County Circuit Court
As reported by the Clarion-Ledger, the City of Jackson now faces two conflicting rulings by Hinds County judges on the City’s waste water contract. Last week Hinds County Circuit Court Judge Swan Yerger threatened to throw City leaders in jail unless the City complied with an order to award the contract to United Water Services. I discussed Judge… Continue Reading

Jackson City Leaders Avoid Jail Time Over Wastewater Flap

Posted in Hinds County Circuit Court
On Thursday Hinds County Circuit Judge Swan Yerger threatened to incarcerate Jackson Mayor Harvey Johnson, City Attorney Pieter Teeuwissen and other city leaders over the City’s failure to award a waste water contract pursuant to a Court Order issued by Judge Yerger. The Clarion-Ledger reported: “If the city has failed to comply with this court’s… Continue Reading

Unanimous Miss. Supreme Court Reverses Verdict Against City of Jackson in Police Pursuit Case–More Similar Reversals to Follow?

Posted in Mississippi Supreme Court
On Thursday a unanimous Mississippi Supreme Court reversed a $148,000 bench trial verdict against the City Jackson in a Tort Claims Act case stemming from  traffic accident caused by a police officer responding to a report of a man lying injured on a street. Here is the Court’s opinion, which Justice Dickinson authored. The accident occurred at… Continue Reading

Miss. S. Ct. Upholds $1.5 Million Sanction Against Eaton and its Lawyers–What Did They Do?

Posted in Eaton v. Frisby, Hinds County Circuit Court
The Clarion-Ledger reports on the Mississippi Supreme Court upholding Hinds County Circuit Judge Swan Yerger’s $1,560,642.83 sanction against Eaton Corp. and its attorneys in the Eaton v. Frisby trade secrets case. The reasons for the sanction are unknown and no one is talking: Eaton and Frisby’s attorneys will not discuss the case publicly. "The information you asked… Continue Reading

$375,000 Bench Trial Verdict in City of Jackson Police Pursuit Case

Posted in Hinds County Circuit Court, Verdicts in Mississippi
In what is becoming a regular occurrence Hinds County Circuit Court Judge Swan Yerger rendered a $375,000 bench verdict against the City of Jackson in a case involving a police pursuit. Here is the Clarion-Ledger article on the verdict. This is the fourth similar verdict in the last year. The article states: The latest ruling comes from a lawsuit… Continue Reading

Judge Yerger Tosses Jackson Fireman’s Racial Discrimination Lawsuit

Posted in Hinds County Circuit Court
On Saturday Jimmie Gates and the Clarion-Ledger reported on Hinds County Circuit Court Judge Swan Yerger throwing out a racial discrimination suit against the City of Jackson by fireman Ricky Haggard. According to the article: Ricky Haggard had alleged he was discriminated against after he was removed from overseeing a federal grant’s position in 2006 and… Continue Reading

Kingfish: Jeff Weill Running for Hinds County Circuit Court Judge

Posted in Hinds County Circuit Court, Politics in Mississippi
Kingfish has the story on Jeff Weill’s announcement that he is running for the Hinds County Circuit Court Judge seat that is being vacated by Judge Swan Yerger: Jackson City Councilman Jeff Weill of Ward 1 announced his candidacy for the Hinds County Circuit Judge position currently held by Swan Yerger. Yerger announced he is… Continue Reading

Clarion-Ledger Report: Two Qualified for Election for Judge Barnett’s Seat, None for Judge Yerger’s Seat

Posted in Hinds County Circuit Court
The Clarion-Ledger ran this article on Monday about the upcoming elections to fill the seats of retiring Judge Yerger (Hinds County Circuit) and Barnett (Hinds County County). The article was largely a repeat from an October article that quoted Ashley Ogden and Jeff Weill stating that they would probably run for Judge Yerger’s seat. I wrote… Continue Reading

Eaton v. Frisby: DeLaughter’s Deposition Scheduled for October 2, 2009

Posted in Eaton v. Frisby, Hinds County Circuit Court
A subpoena has been issued in Eaton v. Frisby commanding Bobby DeLaughter to appear for a deposition on October 2, 2009 at 9:00 a.m. at the offices of Forman Perry in Jackson. The subpoena was issued by Frisby’s attorneys. The court file also indicates that Frisby is attempting to serve a subpoena on Ed Peters in South… Continue Reading

Eaton Corp. v. Frisby Aerospace: a mess worth watching

Posted in Eaton v. Frisby
On Friday the Clarion-Ledger reported that Hinds County Circuit Court Judge Swan Yerger stayed Eaton Corp. v. Frisby Aerospace pending a determination of whether former Eaton lawyer Ed Peters improperly influenced Judge DeLaughter when he had the case. Eaton is the plaintiff and alleges that former Eaton employees stole $1 billion in trade secrets and gave… Continue Reading