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: Mississippi Supreme Court

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Trial Court Filings Leveling Off

Posted in Mississippi Supreme Court, Tort Reform
The Mississippi Supreme Court recently released its 2014 Annual Report. On page 25 (pdf p. 30), the report lists trial court filings and dispositions for 2010-2014. Circuit court civil filings were as follows: 2010: 25,800 2011: 26,862 2012: 23,553 2013: 19,429 2014: 19,305 In 2014 county court civil filings were 24,793 and chancery court filings were… 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

Now This is a real judge – public defender fight

Posted in Hinds County Circuit Court, Mississippi Supreme Court
As reported by TBA, yesterday the Mississippi Supreme Court ruled on the brouhaha between the Hinds County Public Defender’s office and Judge Jeff Weill. Lest anyone think this was a real fight comes this ABA Journal report on a fight between a judge and public defender in Florida. The Florida fight involved a “highly unlikable… Continue Reading

Supreme Court Reverses and Renders Silica Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed and rendered a $787,500 silica case judgement in Mine Safety Appliance Co. v. Holmes. It was a 6-3 decision with Chief Justice Waller writing the majority opinion. Here is Jane Tucker’s post that contains a summary of the decision. This was a products case with the product at… Continue Reading

Mandatory Scheduling Orders and Trial Settings Coming to State Court?

Posted in Improving the Jury System, Mississippi Supreme Court
In what could be a major change for state court litigation, the Mississippi Supreme Court is requesting comments about proposed amendments to the Rules of Civil Procedure. The proposals include mandatory scheduling orders and trial settings for civil actions. Here is the Court’s entire document on the proposals. Here is the Advisory Committee on Rules’… Continue Reading

Justice King Shoots Gay Marriage Opponents in the Gut

Posted in Mississippi Supreme Court
Last week’s Order and two written objections in Mississippi’s gay divorce case is fascinating from both a procedural and substantive standpoint. Here is the Court’s order. The legal issue in the case is whether a gay Mississippi resident who was lawfully married in another state may obtain a divorce in Mississippi. The State of Mississippi–maintaining… Continue Reading

January Miss. Jury Verdict Reporter Preview

Posted in Mississippi Supreme Court, Verdicts in Mississippi
Here is a preview of the verdicts detailed in the January issue of the Mississippi Jury Verdict Reporter: $600,000 verdict- Jackson federal court First Amendment / retaliation case discussed here and here (overturning verdict) (10/2/14); $20,757 verdict- Harrison County car wreck case, but with 10% fault to plaintiff (10/9/14); $250 verdict- DeSoto County car wreck case (9/4/14);… Continue Reading

Duck, Duck………

Posted in Mississippi Supreme Court
Goose!!!! Get it? It’s a goose case. The opening line from Miss. Supreme Court Justice Kitchens’ majority opinion says it all: Janet Olier was attacked and chased by a domestic goose in Donna Bailey’s yard. As she attempted to flee, she fell and broke her arm. Olier sued Bailey in the County Courty of Jackson… Continue Reading

Parties Settle in Caps Challenge Case

Posted in Mississippi Supreme Court, Tort Reform
Those legal nerds observers looking forward to the big oral argument Wednesday in the case where the trial judge ruled that Mississippi’s damages caps are unconstitutional will be disappointed with this: the Court cancelled oral arguments. Here is the updated docket calendar. It states that the Court cancelled oral argument on September 16. On September 17… Continue Reading

Lawyers Shouldn’t File Stuff Like This

Posted in Mississippi Supreme Court, U.S. District Courts in Mississippi
The Clarion-Ledger broke the story today about the ridiculous lawsuit that Jackson attorney Herbert Lee filed against Hinds County Circuit Judge Jeff Weill and selected justices of the Mississippi Supreme Court. Here is Lee’s Complaint, which he filed in federal court in Jackson. It’s an odd Complaint. In it, Lee feels compelled to point out that the… Continue Reading

Louisiana Lawyer Who Advanced $100,000 to Plaintiff Gets to Keep Fee Despite Losing 10 of 16 Votes on High Street

Posted in Mississippi Supreme Court
Yesterday on my Legal Malpractice Blog, I had a lengthy post about Thursday’s Mississippi Supreme Court decision in Forbes v. St. Martin. You can read the post here. Go read the post and come back here. In a 4-3 decision, the Court reversed the Court of Appeals and reached a decision that clears the way… Continue Reading

When is an Alligator Wild?

Posted in Mississippi Supreme Court
Always. Alligators are always wild. Now for the rest of the story. On May 15, 2014 a divided Mississippi Supreme Court reversed the Court of Appeals and reinstated the trial court’s summary judgment in the famous alligator case. Here is the Court’s opinion. The plaintiffs owned land adjacent to an alligator-infested waste-disposal site owned by… Continue Reading

Jane’s Law Blog Reporting on Miss. Supreme Court and Court of Appeals Decisions

Posted in Mississippi Court of Appeals, Mississippi Supreme Court
Ever since Edward Sanders ended his Bottom Line service, there has been a glaring need for a free blog devoted exclusively to Miss. Supreme Court and Court of Appeals decisions. A few weeks ago, Jackson lawyer Jane Tucker launched her Jane’s Law Blog, which fills this void. Readers who enjoy this blog and other blogs… Continue Reading

Miss. Supreme Court Focuses on Eaton’s Pre-Ed Peters Cheating

Posted in Eaton v. Frisby, Mississippi Supreme Court
Justice Pierce’s opinion in Eaton v. Frisby does something remarkable: shifts a lot of the spotlight away from Eaton’s use of Ed Peters to improperly influence Judge Bobby DeLaughter. Peters does not even enter to picture until page 11 of the Court’s opinion. By this point in the litigation, Eaton was already on the ropes… Continue Reading

Big Week at the Miss. Supreme Court

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
In addition to the Miss. Supreme Court’s big decision in Eaton v. Frisby last week, the Court also issued decisions in several other big civil cases. The list includes:  Estate of Bloodworth v. Illinois Central R.R.: affirmed summary judgment in Tallahatchie County wrongful death crossing accident case; Mitchell Crane Services v. Page: reversed and rendered… Continue Reading

Baker & McKenzie and its Insurer Still in Bad Shape After Appeal Win

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
As mentioned last week, mega firm Baker & McKenzie won a reversal on causation and damages last week of the $103 million Jones County legal malpractice verdict against the firm. Now for the bad news for Baker & McKenzie. Justice Pierce wrote the majority opinion. All nine Mississippi Supreme Court Justices agreed that the plaintiffs… Continue Reading

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