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. District Courts in Mississippi

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$3.3 Million Verdict in Jackson Federal Court Racial Discrimination Case

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Tuesday a federal court jury rendered a total verdict of $3.3 million in EEOC v. Danny’s Downtown Cabaret. Here is the Complaint. The EEOC alleged Danny’s discriminated against five dancers on the basis of race. See the Complaint for details. The trial began on May 6, 2019 and ended on May 14. The jury… Continue Reading

$70,000 Verdict in Gulfport Federal Court Sexual Harassment Case

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On May 1, 2019 a federal court jury in Gulfport rendered a $70,000 plaintiff verdict in Gardner v. CLC of Pascagoula, LLC. This was a sexual harassment case with a twist. The plaintiff was a certified nurse assistant at CLC’s assisted living facility. She was harassed by a resident of the facility–not the employer. The… Continue Reading

Mixed Verdict in Jackson Federal Court FLSA, Breach of Contract Case

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Thursday a federal court jury in Jackson rendered a mixed verdict in Bingham v. Asemotas Real Estate, LLC. Here is the Complaint. Plaintiff alleged violations of the Fair Labor Standards Act and beach of contract. Here is the jury’s Verdict. The jury found for the Defendant on the breach of contract claim and hung… Continue Reading

$4,170,000 Verdict / $2,936,138 Judgment in Gulfport Federal Court 18-Wheeler Crash Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On February 15, 2019 a federal court jury in Gulfport rendered a total verdict of $4,170,172 in Woulard v. Greenwood Motor Lines. The case involved an 18-wheeler colliding with a car on I-10 in Jackson County. Here is the Complaint. Here is the Final Judgment. The jury apportioned 80% fault to the driver of the… Continue Reading

$350,000 Verdict in Jackson Federal Court Civil Rights Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Wednesday a federal court jury in Jackson returned a $350,000 verdict for the plaintiff in Sturkin v. Patrick. Here is the Jury Verdict. Here is the Complaint. Plaintiff Donna Sturkin alleged Vicky Patrick was her probation officer in drug court. Sturkin alleged Patrick violated her rights by stealing from the store where plaintiff worked… Continue Reading

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

December Mississippi Jury Verdict Reporter Preview

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
Here is a preview of the December 2018 issue of the Miss. Jury Verdict Reporter: $25,000 verdict – Lamar County car wreck case (11/30/18); $17,500 verdict – Madison County County Court breach of contract case (4/18/18) defense verdict – Jackson federal court products (motorcycle) case (12/7/18); defense verdict – Choctaw County tractor negligence case; retrial… Continue Reading

$20,000 Jury Verdict in Aberdeen Federal Court Employment Retaliation Case

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On July 20, 2018 a federal court jury in Aberdeen rendered a $20,000 plaintiff verdict in Garrett v. City of Tupelo. Brandon Garrett was a detective with the Tupelo Police Department. The department wrote him up for mishandling evidence 7 days after his attorney (Jim Waide) wrote a letter requesting that the department relocate the… Continue Reading

Defense Verdict in Greenville Federal Court Nursing Home Case

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On June 29, 2018, a jury returned a defense verdict in federal court in Dykes v. Cleveland Nursing and Rehabilitation Center, LLC.  The verdict concluded a 5 day trial. Plaintiff alleged the nursing home negligently failed to adequately prevent and treat a sacral wound, dehydration and infection. Plaintiff argued the staff’s negligent care caused the… Continue Reading

A Few Local Twitter Accounts to Follow

Posted in Legal Technology, U.S. District Courts in Mississippi
Local bar organizations are active twitter users. Surprising to me, the U.S. District Court for the Southern District of Mississippi is now on twitter with regular updates: @USDC_MSS. The Southern District U.S. Bankruptcy Court, Mississippi Bar, Jackson Young Lawyers and Capital Area Bar are also on twitter: @SDMissBankr @JYLawyers @TheMSBar @CABALaw I have not been… Continue Reading

$475,000 Verdict in Gulfport Federal Court Slip and Fall Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
Last week a Federal Court jury in Gulfport rendered a 40% defendant at fault and $475,000 verdict in Hlywiak v. Grand Casino Biloxi. here is the Verdict here is the Hlywiak Judgment. The combined judgment for the two plaintiffs was just under $190,000. Plaintiffs alleged Grand Casino (Harrah’s) created a dangerous condition by maintaining a… 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

$218,000 Jury Verdict in Oxford Federal Court Denial of Faculty Tenure Case

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Friday a federal court jury in Oxford rendered a verdict of $218,000 in Wiggington v. Ole Miss. Here is the verdict. Here is a good report on the case on Jackson Jambalaya. The verdict was for depriving plaintiff of his due process rights in considering his application for tenure and promotion. The jury rejected… Continue Reading

$83,447 Verdict in Oxford Federal Court Retaliation Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Wednesday a federal court jury in Oxford rendered a plaintiff verdict of $83,447.08 in Griggs v. Chickasaw County. Here is the resulting Judgment. The plaintiff Lamon Griggs was a Chickasaw County bailiff and solid waste enforcement officer who ran for Sheriff against long-time chief deputy and current Sheriff James Meyers. Griggs lost. Meyers took… Continue Reading

$1,222,314 Jury Verdict in Gulfport Federal Court Car Wreck Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Thursday a federal court jury in Gulfport returned a plaintiff verdict of $1,222,314.93 in Stafford v. Government Employees Insurance Co., et al. Here is the original Complaint. Plaintiff was rear-ended while working for the county in 2012 by someone who was allegedly looking at her phone. Plaintiff sued the driver and several insurance companies… Continue Reading

Defense Verdict in Jackson Federal Court Racial Discrimination Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Tuesday a Jackson federal court jury rendered a defense verdict in Zhan v. UMMC. Here is the jury’s Verdict Form. The jury found that race was not a motivating factor in the plaintiff’s termination. Here is the plaintiff’s Complaint. District Judge Carlton Reeves presided over the six day trial. The plaintiff was pro se,… Continue Reading

$37,200 Jury Verdict in Gulfport Federal Court Sexual Harassment Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
What better way to observe Presidents’ Day than a report on a jury verdict in a recent sexual harassment trial? The trial was week before last in Gulfport in the case of Canaski v. Mid-Mississippi Properties. Here is the salacious Complaint. The three plaintiffs alleged sexual harassment and retaliation by defendants after the defendants bought… Continue Reading

$114,847 Verdict in Jackson Federal Court Retaliation Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Wednesday a Jackson federal court jury rendered a plaintiff verdict of $114,847.53 in Schaeffer v. Warren County, Miss. Here is the Complaint. The plaintiff asserted claims for age discrimination, FLSA violation for not paying overtime and retaliation for being fired in connection with complaining about not receiving overtime pay. The Court granted partial summary… Continue Reading

$110,000 Verdict in Gulfport Federal Court Slip-and-Fall Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On January 11, 2017 a federal court jury in Gulfport rendered a verdict for the plaintiff in Garcia v. Fickling Management Services, Inc. Here is the Complaint. Plaintiff, Linda Garcia, a 65-year-old woman, slipped and fell down concrete steps covered in ice while exiting her apartment at the Palm Isle apartment complex in Biloxi, MS… 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