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.

Category Archives: Eaton v. Frisby

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Eaton, Peters, DeLaughter, Langston, Balducci

Posted in Eaton v. Frisby
Earlier today while writing a post that will appear tomorrow, I wondered about the timing of how the Eaton-Peters saga fit into, for lack of a better description, Scruggs-gate. This afternoon NMC has the answer here.   It’s fascinating to see what was happening as the feds lowered the boom.  Check out this insight by NMC… Continue Reading

Mr. Feinberg, Eaton Calling

Posted in Eaton v. Frisby
                  "Mr. Feinberg?                    I’ve got Eaton Corp. on line 2."          "No, I said line 2. They say they have a problem they need your help with."                                       "Not that small of… Continue Reading

Eaton Contemplated Trying to Improperly Influence Judge Yerger

Posted in Eaton v. Frisby, Hinds County Circuit Court
From page 83 of Judge Weill’s September 19, 2012 opinion and order: This document contains the January 15, 2008 handwritten notes of Sharon O’Flaherty, former Eaton senior litigation attorney of her telephone conference with Schaalman. The notes stated: "Ed P. said DeLaughter’s opinions may not be respected by Yerger. He’s lazy…" Additionally, the notes say "MS seems so… Continue Reading

Pleadings From the Eaton v. Frisby Litigation Shed More Light on Eaton Hiring Ed Peters to Influence Judge DeLaughter

Posted in Eaton v. Frisby
Here are some of the orders and pleadings from the Eaton v. Frisby litigation. I don’t currently have time to write about all of them, but they are interesting. Government’s Response to Motion for Production of 404(b) Material–  states “Ed Peters is expected [by federal prosecutors] to testify that he was brought into the case by Eaton, not as counsel of… Continue Reading

Judge Weill Wakes Up Eaton CEO– Result: Heads Roll

Posted in Eaton v. Frisby, Hinds County Circuit Court
Eaton Corp. has found religion. As I discussed 2 weeks ago, Eaton got into more trouble with Hinds County Circuit Judge Jeff Weill in the Frisby litigation over not producing emails. The emails contained reports from Ed Peters—who had not appeared in the case—on his efforts to influence Judge Bobby DeLaughter to help Eaton. Judge Weill ordered Eaton CEO… Continue Reading

Eaton Corp. in Hot Water Again Over Peters-DeLaughter Mess in Eaton v. Frisby Case

Posted in Eaton v. Frisby, Hinds County Circuit Court
Alison Grant with the Plain Dealer in Cleveland wrote an article on Eaton Corp.’s latest trouble in its Hinds County litigation against Frisby Aerospace. Here is the article.  The article covers Hinds Circuit Judge Jeff Weills’ Order requiring multiple Eaton employees—including CEO Alexander Cutler—to explain why Eaton did not previously produce emails from Ed Peters… Continue Reading

Slippery Ed Escapes Again

Posted in Eaton v. Frisby
Wednesday’s Clarion-Ledger contained this article about the City of Jackson settling a lawsuit with Cedric Willis, who was wrongfully imprisoned for 12 years. Willis was convicted of murder and armed robbery in 1997, but was later exonerated by DNA evidence.  Willis alleged that the City of Jackson was at fault because a police officer lied… Continue Reading

Frisby Defendants File Two Complaints Against Eaton in Mississippi

Posted in Eaton v. Frisby
In late January the Frisby Defendants in the Eaton v. Frisby litigation filed two Complaints against Eaton in Hinds County Circuit Court. Eaton removed the cases to federal court. One Complaint pleads mostly state law claims that are generally based on the same underlying factual allegations as Frisby’s antitrust case filed in North Carolina.  The… 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

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

Waiting for Ruling to Ya’ll Politics’ Motion To Unseal in State Farm v. Hood

Posted in Eaton v. Frisby, Politics in Mississippi, U.S. District Courts in Mississippi
In 2007 State Farm sued Attorney General Jim Hood. Here is the Complaint. State Farm does not like Jim Hood. No one likes State Farm. When State Farm filed the lawsuit, it filed this motion to seal the case. The Court later unsealed the case. In 2008 Sate Farm and Hood settled and the Court dismissed… Continue Reading

Could Judge Bramlette’s Order in State Farm v. Hood Lead to a Challenge of the Secrecy in Eaton v. Frisby?

Posted in Eaton v. Frisby, U.S. District Courts in Mississippi
Last week Judge Bramlette issued an Opinion and Order allowing Jackson New Media, Inc. (Alan Lange’s Ya’ll Politics), WDAM, WLBT and WLOX to challenge the settlement agreement in the State Farm v. Hood case. Attorney General Jim Hood opposes the request to unseal the agreement. The challengers will now file a motion to lift the seal and… Continue Reading

Two Questions for Eaton and Don McGrath

Posted in Eaton v. Frisby
Saturday’s Clarion-Ledger ran this article on the Eaton v. Frisby case, focusing on the fact that most pleadings in the case are being filed under seal. When I looked at the file a few months ago there was no legitimate justification for sealing nearly the entire court file. Eaton—the party that hired Ed Peters—is behind all the sealed… Continue Reading

Ed Peters Immunity Deal Apparently Disclosed in Kings of Tort– Attempt to Justify Granting Peters Immunity Fails

Posted in Eaton v. Frisby
The book Kings of Tort, by Alan Lange and Tom Dawson, appears to disclose the terms of Ed Peters’ immunity deal with the government. On page 199, the book states that in exchange for immunity, “Peters would surrender his law license, resign from the bar permanently, and forfeit all monies received from Scruggs and Langston, in… Continue Reading