Alienation of Affection Lawsuits

Defense Verdict in Jasper County Alienation of Affection Trial

A Jasper County jury in the Bay Springs district recently rendered a defense verdict in King v. Smith. Here is the Complaint.

This was an alienation of affection case with allegations and defenses typical for those cases.

The jury was stuck at 8-4 until sending out a note asking for the definition of ‘lost’ in the alienation of affection jury instruction. After receiving the dictionary definition of the word, the jury returned with a 10-2 defense verdict.

Ricky Ruffin of Bay Springs represented the plaintiff. Daniel Waide with Johnson, Ratcliff & Waide in Hattiesburg represented the defendant. Judge Eddie Bowen presided.

My Take:

All these cases sound the same to me. I can’t really say that about personal injury cases or commercial disputes.

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

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 are:

  1. cheating/ affair
  2. affair ends
  3. three years elapses
  4. affair discovered
  5. lawsuit filed

The trial court granted summary judgment to the defendant. A unanimous Court of Appeals affirmed, ruling that the statute of limitations elapsed because the affair ended more than three years before the filing of the lawsuit. The Court rejected plaintiff’s contention that the discovery rule applied.

My Take:

This was a weird fact pattern involving a goofy cause of action. So we shouldn’t be surprised when it led to a questionable decision.

Cheaters everywhere applaud the Court’s decision as a sensible limitation on suing people for screwing around. There are probably a lot people who were screwing around with someone else’s spouse more than three years ago who are sleeping easier tonight.

Too bad the Court of Appeals did not take advantage of the opportunity to call for the abolishment of the entire cause of action.

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

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 her husband with a co-worker at her job in Mississippi. The sex took place in Louisiana. Her now ex-husband sued for alienation of affections in Harrison County County Court.

Ruling:

By a 7–2 vote the Court ruled that the Mississippi long-arm statute covered the non-resident defendant. Justice Carlson wrote the majority opinion. The other Justices in the majority were Graves, Dickinson, Randolph, Lamar, Kitchens and Pierce.

The majority ruled that a bunch of emails and text messages satisfied the minimum contacts requirement of the long-arm statute.

Chief Justice Waller dissented and Justice Chandler joined the dissent. The dissent argued that the defendant did not have sufficient minimum contacts with Mississippi.

My Take:

I’m in the dissent camp on this one, but my opinion is jaded by my disdain for the alienation of affection cause of action.

The cause of action has multiple problems, is unproductive and should be abolished.

The defendant was also a non-Mississippi resident in this October verdict in an alienation of affection trial in federal court.

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