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.

Tag Archives: Justice Jess Dickinson

Justice Dickinson Leaving Supreme Court

Posted in Mississippi Supreme Court, Politics in Mississippi
I was surprised to read on Tuesday that Miss. Supreme Court Justice Jess Dickinson is leaving the Court to lead the State’s Child Protection Services. Here is the Clarion-Ledger’s article. Justice Dickinson represented District 2 on the Court. This district covers the Coast, Pine Belt and Southwest Mississippi. He joined the Court in 2004 after… Continue Reading

Judicial Temperament Not Required

Posted in Mississippi Supreme Court
On Thursday Anderson covered the latest from Lee County Chancery Court Judge Talmadge Littlejohn. The Mississippi Supreme Court suspended Judge Littlejohn thirty days without pay and imposed a public reprimand as a result of Judge Littlejohn, once again, throwing someone in jail when he should not have. Here is the Court’s opinion. In this case,… Continue Reading

Mississippi Supreme Court Reverses $1.5 Million Verdict in Lincoln County Commercial Litigation Case

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
In 2010 a Lincoln County jury rendered a $1.5 million verdict for Precision Welding against Denbury Resources. Here is my post on the verdict. On Thursday the Mississippi Supreme Court reversed and remanded the case for a new trial in a 6–3 decision. Here is the Court’s opinion. Justice Dickinson wrote the majority opinion. The… Continue Reading

Mississippi Supreme Court’s Reversal of $2.6 Million Judgement Shows Why State Courts Need Better System for Jury Instructions

Posted in Appellate Decisions From Jury Verdicts, Improving the Jury System, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed and remanded a $2.6 million judgment in Miss. Valley Silica Co. v. Eastman in a 6–3 decision. Here is the Court’s opinion. The Court’s decision stemmed from a 2010 silica trial in Warren County that resulted in a $7.6 million jury verdict. The trial court reduced the verdict… Continue Reading

Mississippi Supreme Court Reverses and Renders Hinds County Premises Liability Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed and rendered a $2.5 million jury verdict against Kroger in 2009 based on the 2007 beating of a customer in a purse snatching incident. Here is the Court’s opinion in Knox v. Kroger. I wrote on the verdict in 2009 here and here. Justice Dickinson wrote the Court’s… Continue Reading

Defense Verdict in Hinds County Med-Mal Trial and Other News from the Weekend

Posted in Hinds County Circuit Court, Verdicts in Mississippi
Hinds County Defense Verdict There was a defense verdict returned on Friday in a Hinds County medical malpractice trial. I do not know the names of the parties or the facts of the case. The vote was 11-1. Heber Simmons of Ridgeland represented the plaintiff. Mildred Morris of Watkins Eager in Jackson represented the defendant.… Continue Reading

Miss. Supreme Court Reverses and Renders $7 million Lead Paint Verdict 4 Years After Reversing Trial Court’s Grant of Summary Judgment

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
The 2007 Supreme Court Decision: In June 2003, Jefferson County Circuit Court Judge Lamar Pickard granted Sherwin-Williams summary judgment in a lead paint case (Pollard v. Sherwin-Williams). The Mississippi Court of Appeals affirmed. But on February 15, 2007, the Miss. Supreme Court reversed and remanded the case for trial in a 5–4 decision. Here is the Court’s… Continue Reading

Report from Sears v. Learmonth Oral Argument

Posted in Mississippi Supreme Court, Politics in Mississippi, Tort Reform
I attended the oral argument in Sears v. Learmonth yesterday at the Mississippi Supreme Court. I counted approximately 50 people in attendance—mostly plaintiff lawyers. Given the importance of the decision, I thought that every firm in Jackson hosting summer clerks would be there with their clerks. Perhaps they did not want it to look like they support caps.… Continue Reading

Miss. S. Ct. Reverses $1.15 Million Jury Verdict in Lafayette County Medical Malpractice Trial

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Miss. Supreme Court reversed and rendered a Lafayette County jury verdict of $1,150,000 in Berry v. Patten. Here is the Court’s opinion. It was a medical malpractice case involving a death from complications of gastric-bypass surgery. It appears that the target defendant was an anesthesiologist who obtained a defense verdict at trial.… 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. Supreme Court Holds One Year Statute of Limitations Applies to Intentional Infliction of Emotional Distress Claim Even Though Claim Not Listed in Applicable Statute

Posted in Mississippi Supreme Court
In a 5–4 decision on Thursday, the Mississippi Supreme Court issued its opinion in Jones v. Fluor, holding that a one-year statute of limitations applies to the claim of intentional infliction of emotional distress. Justice  Pierce wrote the Court’s opinion and was joined by Chief Justice Waller and Justices Carlson, Randolph and Chandler. Here is… Continue Reading

Is Mississippi Supreme Court Correctly Applying Daubert?

Posted in Mississippi Supreme Court
Last week the Mississippi Supreme Court issued its newest Daubert opinion in a 7–2 decision in Hill v. Mills. Justice Dickinson wrote for the majority. Justice Chandler wrote a dissent joined by Justice Graves. The case originated in the Lincoln County Circuit Court with Judge David Strong as the trial judge. Judge Strong is a popular judge, despite… 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