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: U.S. Supreme Court

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Was It Worth It?

Posted in U.S. Supreme Court
Was it worth it? That’s the question I’m left with following Judge Brett Kavanaugh’s confirmation to the Supreme Court. On the plus side, at a normal life expectancy, he will serve on the Court for 30-plus years. On the negative side, I’m not sure lawyers and judges who saw his loss of self-control at his… Continue Reading

Hosemann’s Head-Scratcher on Greenville Church Burning

Posted in Politics in Mississippi, U.S. Supreme Court
Last week a black church in Greenville was burned and “Vote Trump” spray painted on the side of the brick building. NPR reports that the FBI has opened a civil rights investigation into the crime. Comments from most Mississippi political leaders was on point: “Gov. Phil Bryant, a Republican who has been campaigning for Donald… Continue Reading

U.S. Supreme Court Rules Juries Can be Recalled in Civil Cases

Posted in Improving the Jury System, U.S. Supreme Court
On Thursday in Dietz v. Bouldin, the Supreme Court ruled that federal district courts can recall jurors after identifying errors in deliberations. The decision involved the trial of a car wreck case in Florida. The defendant admitted liability and stipulated $10,136 in damages for plaintiff’s medical expenses. During deliberations, the jury sent out a note… Continue Reading

U.S. Supreme Court Reverses 5th Circuit in a Jim Waide §1983 Action

Posted in 5th Circuit Court of Appeals, U.S. Supreme Court
On Monday the U.S. Supreme Court reversed a 5th Circuit decision that affirmed the District Court’s grant of summary judgment in Johnson v. City of Shelby. Here is the Court’s per curiam Opinion. The plaintiffs worked as police officers for the City of Shelby. They alleged that they were fired for refusing to ignore an… Continue Reading

U.S. Supreme Court Vacates 5th Circuit Decision on Mississippi Retaliatory Discharge Case

Posted in 5th Circuit Court of Appeals, U.S. Supreme Court
On June 30, 2014 the U.S. Supreme Court granted cert and vacated a 5th Circuit Court of Appeals decision in Gibson v. Kilpatrick. The case originated in the U.S. District Court for the Northern District of Mississippi, with Judge Michael Mills presiding. The plaintiff was the former police chief of Drew. He alleged that the… Continue Reading

Lawyers Are Replaceable

Posted in General, U.S. Supreme Court
This is not going to be another one of those columns about whether Justice Ruth Bader Ginsburg should retire from the Supreme Court–she should. So why doesn’t she? My guess is that it’s a combination of the facts that she likes the job and it makes her feel special. Better in her mind to have… Continue Reading

Rest of Nation Catching Up to Mississippi’s No Class Action Rule

Posted in U.S. Supreme Court
Blogger Kenneth Jost wrote a post Sunday about the U.S. Supreme Court’s rulings limiting class action lawsuits. By Monday, Jost updated the post to mention new Court decisions deemed hostile to civil litigation. On the issue of class actions, Jost discussed recent Court rulings that allow corporations to circumvent class actions through the use of… Continue Reading

Does U.S. Supreme Court’s Decision in Citizens United Case Matter?

Posted in U.S. Supreme Court
Unlike the titles to many of my posts, this is not a rhetorical question. I really don’t know the answer. The background is that a couple of weeks ago the U.S. Supreme Court ruled in a 5–4 decision in the Citizens United case that corporations can freely spend money in federal election campaigns. Pandomonium among liberals ensued, with Keith… Continue Reading

Obama’s appointment of Sotomayor politically brilliant

Posted in National Politics, U.S. Supreme Court
After the 2004 presidential election it appeared that the Democratic Party was dead as a national force. If they could not beat Bush in 2004, they simply could not win on the national scale. Regardless of your political views, it was obvious that the Republicans played the political game much better than the Democrats. But what a difference… Continue Reading

Conservative supreme court justices do not always side with big business

Posted in U.S. Supreme Court
There is a good Bloomberg analysis of the recent pro-consumer decisions by the U.S. Supreme Court. Among the key points: The Wyeth case illustrated one of the challenges companies face in some Supreme Court cases: persuading members of the court’s conservative wing to limit the powers of state courts and legislatures. Clarence Thomas, a justice… Continue Reading

Clarion-Ledger opines on U.S. Supreme Court recusal case–sort of

Posted in U.S. Supreme Court
In its February 23, 2009 opinion section the Clarion-Ledger refers to a pending U.S. Supreme Court case out of West Virginia that involves whether an elected judge must recuse himself/ herself from cases involving one of the judge’s political contributors. Here is the editorial.  The case is straight out of John Grisham’s The Appeal. A defendant lost a $50 million verdict,… Continue Reading