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: National Politics

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What Happens After Federal Courts Shutdown Friday?

Posted in 5th Circuit Court of Appeals, National Politics, U.S. District Courts in Mississippi
With the President’s “I’ll own it” ‘Schumer shutdown’ of the government entering its third week, the federal judiciary is running out of money. Fortune reports: Companies that turn to the federal courts to resolve fights with rivals and customers may find themselves in limbo if the government shutdown continues beyond next week. The system has… Continue Reading

Loss of Congressional Seniority a Real Problem for Mississippi

Posted in National Politics, Politics in Mississippi
Mississippi’s loss of seniority in Congress is a threat to the state’s economy. I have touched on the subject when discussing judicial appointments. Sid Salter explains in this column. He states: Clearly, the 2018 retirement of 45-year veteran Republican U.S. Sen. Thad Cochran — who held the vastly influential post of Senate Appropriations Committee chairman… Continue Reading

What’s Behind the Alt-Right’s Attack on Judge Ozerden?

Posted in 5th Circuit Court of Appeals, National Politics, Politics in Mississippi
It’s been known for a while that Mississippi’s Senate delegation submitted U.S. District Judge Sul Ozerden’s name to the White House to fill the seat on the 5th Circuit Court of Appeals vacated by Judge Grady Jolly.  But the pick has run into trouble from an unlikely source: the right. Specifically, the alt-right. Over the… Continue Reading

As We Wait on the 5th Circuit Appointment, Another Vacancy Looms

Posted in National Politics, Politics in Mississippi, U.S. District Courts in Mississippi
Without re-opening the debate about whether Mississippi is in danger of losing a seat on the Fifth Circuit Court of Appeals, another vacancy looms. According to this website, District Judge Louis Guirola will take senior status effective March 23, 2018. That will create a District Judge seat in Gulfport. I have heard nothing about potential… Continue Reading

Mississippi Appears Favorite to Retain Open 5th Circuit Seat

Posted in 5th Circuit Court of Appeals, National Politics, Politics in Mississippi
Geoff Pender’s article on the Clarion-Ledger’s website Thursday confirmed that the recent nominations to the 5th Circuit Court of Appeals did not include a nomination for the seat held by the retired Judge Grady Jolly. From the article: On Thursday, the White House sent the Engelhardt nomination to the Senate listed as a replacement for… Continue Reading

Update on Mississippi’s Lost 5th Circuit Seat

Posted in 5th Circuit Court of Appeals, National Politics, Politics in Mississippi
The A.P. has a short story today titled ‘Mississippi jurist should fill appellate seat, senators say.’ Here are the key passages: Mississippi’s two Republican U.S. senators say they are working with President Donald Trump’s administration to fill a seat on a federal appeals court with someone from the state. Sens. Thad Cochran and Roger Wicker… Continue Reading

Mississippi Loses Seat on Fifth Circuit Court of Appeals

Posted in 5th Circuit Court of Appeals, National Politics, Politics in Mississippi
President Trump announced his nominations for the vacant seats on the Fifth Circuit Court of Appeals yesterday. The slots are going to two Texans and two Louisianans. This apparently includes the seat held by the retiring Judge Grady Jolly, whose chambers are in Jackson. Louisiana gained a seat. Here is a link to a How… Continue Reading

I Feel For Trump’s Lawyers

Posted in National Politics
Last week, electoral vote.com noted that top law firms were refusing to represent President Trump. That’s smart. Trump is the worst kind of client. First, he doesn’t listen to his lawyers. Second, he does crazy stuff like gets mad and spouts off that he is willing to testify under oath to special counsel Robert Mueller.… Continue Reading

Will Filling Judge Jolly’s Fifth Circuit Seat Create a Domino Effect?

Posted in 5th Circuit Court of Appeals, National Politics, Politics in Mississippi
I recently had an interesting conversation about the potential domino effect that could be created by the President’s nomination to fill the Fifth Circuit Court of Appeals seat held by Judge Grady Jolly, who will retire in October. Everyone I’ve talked to expects the nominee to be a current District Court judge. If so, that… Continue Reading

Merrick Garland to FBI?

Posted in National Politics
Let me get this straight. Judge Merrick Garland will resign a lifetime appointment on the premier U.S. Court of Appeals to take a job working for a wingnut who is used to firing at least one contestant employee per week? If he’s dumb enough to do that, then he didn’t need to be on the… Continue Reading

Federal Tort Reform on the Horizon?

Posted in National Politics, Tort Reform
The Washington Post reported last week on Republican efforts to pass federal tort reform in Congress. Proponents of the bills espouse the same untrue talking points that the Chamber has been saying for over a decade. The bill that is getting the most attention is one that would cap non-economic damages in medical malpractice cases… Continue Reading

Arbitration Reform is Toast

Posted in National Politics, Tort Reform, U.S. District Courts in Mississippi
When I last talked about the ban of arbitration clauses in nursing home admission agreements, the political climate suggested that this was a first step in broader reform of consumer arbitration. What a difference a few weeks makes. As reported by the ABA last week, on Monday District Judge Mike Mills entered a preliminary injunction… Continue Reading

A Civil Litigator’s Take on the Comey Letters to Congress Regarding Clinton Emails

Posted in National Politics
FBI Director James Comey’s letters to Congress regarding the ‘new’ Hillary Clinton emails sucked. Let me explain. I’ve done a bit of email discovery in my practice. It can be rewarding when you put together a complicated case by organizing the emails into a chronology. Occasionally, you will find a ‘smoking gun’ email. Usually, however,… Continue Reading

Governor Bryant Makes Incoherent Rigged Election Claim

Posted in National Politics, Politics in Mississippi
Mississippi Governor Phil Bryant was on the radio Monday agreeing with Donald Trump’s claim that the presidential election is ‘rigged.’ From Adam Gancheau’s article on Mississippi Today: “The election is rigged,” Bryant said. “Any Republican has to have an overwhelming majority of the vote. And, of course, as it has been designed, as we look… Continue Reading

Is Trump in it to Win it?

Posted in National Politics
This morning Electoral Vote.com mentioned a question that has been on my mind for a few days: is Donald Trump trying to lose? Let’s look at some of Trump’s bizarre moves lately: calling Bernie Sanders crazy as a bedbug; calling Elizabeth Warren Pochantas; blasting a federal judge over his Mexican heritage; suggesting President Obama is… Continue Reading