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.

Monthly Archives: September 2011

A&O Founders Adley Abdulwahab and Christian Allmendinger Get Huge Prison Sentences

Posted in A&O Life Funds Litigation
Adley (Abdul)Wahab and Christian Allmendinger were sentenced in federal court this week. The DOJ’s press release states: Two principals of A&O Resource Management Ltd. have been sentenced for their roles in a $100 million life settlement fraud scheme, which included more than 800 victims across the United States and Canada. Today, Adley H. Abdulwahab, 36, of… Continue Reading

Is the Real Issue with PERS the 13th Check or the Investment Return Assumption?

Posted in PERS Crisis, Politics in Mississippi
There has been a lot of press lately about Mississippi’s Public Employees Retirement System (PERS) and the stability of the program. Governor Barbour appointed a special commission to study the system. Here is a recent Clarion-Ledger article on the topic. Much of the focus—and pretty much all of the Clarion-Ledger’s focus—has been on the future stability of… Continue Reading

Supreme Court Rules in Caps Case that…..More Briefing Required!!!

Posted in Mississippi Supreme Court, Politics in Mississippi
I missed it. The Supreme Court issued an Order last week in the Sears v. Learmonth case where the Court is to decide whether Mississippi’s cap on non-economic damages is constitutional. Here is the Court’s September 15, 2011 Order. The Order states that the Court is hung up on the fact that the verdict form did not… Continue Reading

Hinds County Jury Renders $1.02 Million Verdict for Miss-filled Prescription Injury

Posted in Hinds County Circuit Court, Verdicts in Mississippi
A Hinds County jury awarded $1.02 million last week to the victim of a miss-filled Coumadin prescription. Coumadin (Warfarin) is a blood thinner prescribed to prevent blood clots that can lead to injuries such as strokes. Here is a copy of the Complaint. Margie Kemp was the plaintiff. Kemp alleged that Mississippi Discount of Drugs… Continue Reading

More Information on the Hinds County $2.2 Million Doctor vs. Hospital Case

Posted in Hinds County Circuit Court, Verdicts in Mississippi
The Clarion-Ledger ran this article on Monday about the $2.2 million verdict last week in Hinds County that I discussed here and here. The article states: Dr. Adolfo Morales, a board-certified ophthalmologist, had alleged CMMC breached a physician recruitment contract in 2004, which would have allowed him to establish a surgery practice in Jackson. CMMC said… Continue Reading

Fun Friday Report: Alan Lange Takes Down a Bad Guy in Fondren and a Few Sports Rants

Posted in General
I’m starting this week’s non-legal report giving kudos to Alan Lange, author of Kings of Tort and formerly of Ya’ll Politics. While walking in Fondren at 6:30 a.m. Wednesday, I came across Lange and a bunch of JPD Officers who had a suspect in a patrol car. Lange had single-handedly apprehended a burglary suspect who had been spotted in Fondren several… Continue Reading

Update on $2.2 Million Hinds County Doctor v. Hospital Verdict

Posted in Hinds County Circuit Court, Verdicts in Mississippi
Here is some more information on yesterday’s $2.2 million verdict in Hinds County that was the subject of this post. The jury deliberated for 45 minutes. Judge Winston Kidd presided in the case. Mark Caraway with Wise Carter in Jackson represented CMMC. Lance Stevens of Jackson represented the plaintiff. CMMC’s main defense was that there… Continue Reading

Miss. Supreme Court Punts Decisions on Personhood and Eminent Domain Amendments

Posted in Mississippi Supreme Court, Politics in Mississippi
Last week the Mississippi Supreme Court issued decisions in two cases that will allow voters in the November elections to decide issues related to abortions and eminent domain.The Court basically punted on the substantive issues and decided the cases on procedural grounds. In Hughes v. Hoseman the plaintiffs challenged Measure 26, which asks voters to decide whether life begins… 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

Timing of Mississippi Wins in A.G. Litigation Not Helpful to Steve Simpson’s Challenge of Jim Hood

Posted in Politics in Mississippi
Mississippi had two big wins recently in civil litigation headed by Attorney General Jim Hood. Mississippi Recover $8.1 Million in Tobacco Litigation A couple of weeks ago, Jackson County Chancery Judge Jaye Bradley ordered R.J. Reynolds to pay the State over $8.1 million based on the company under paying the State in money owed from the 1997 tobacco settlement. Here is… Continue Reading

Judge Bowen and Plaintiff Respond to Union Carbide’s Recusal Motion in $322 Million Smith County Asbestos Verdict Case

Posted in Mississippi Supreme Court
I previously discussed Union Carbide’s Motion to Recuse Judge Bowen from hearing further proceedings in the Smith County asbestos drilling mud case that resulted in a $322 million verdict. In July, the Mississippi Supreme Court stayed proceedings in the case pending its decision on the recusal issue. Here is the plaintiff’s response brief filed with… Continue Reading

MLR’s First Fun Friday Edition

Posted in General
With Judge Spark’s over in Texas canceling the kindergarten party and yours truly not getting and invitation to Swagfest, I’m saying to hell with it. After 2 1/2 years of serious blogging, it’s time for a Fun Friday. So what’s up? Are you kidding? What’s up? It’s Christmas Eve in Dixie. College football kicks off tomorrow.… Continue Reading

September Miss. Jury Verdict Reporter Breaks Down 10 Verdicts

Posted in Verdicts in Mississippi
The September edition of the Mississippi Jury Verdict Reporter hit news stands this week and once again does an excellent job of reporting on Mississippi verdicts. The verdicts reported in the issue include: the October 2010 $103 million legal malpractice verdict against Baker & McKenzie discussed in these posts; the $578,000 employment discrimination case discussed… Continue Reading