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.

Tag Archives: arbitration

$1.8 Million Award in Mississippi FINRA Arbitration

Posted in Verdicts in Mississippi
The Investment News reports retirement investors won a $1.8 million FINRA arbitration award in Jackson against Raymond James for putting investors into penny stocks. It reports: A three-person, all-public Financial Industry Regulatory Authority Inc. arbitration panel found in favor of 20 claimants who alleged they had been hoodwinked by a broker in the then-Morgan Keegan… 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

Nursing Home Arbitration Banned: What’s the Impact for Mississippi Litigation?

Posted in General, Tort Reform
The New York Times announced last night that the federal government is banning arbitration clauses in nursing homes that receive Medicare and Medicaid funding, which is pretty much all of them. It’s nice to see that the nursing home industry isn’t happy, since they are lying about arbitration: The nursing home industry has said that… Continue Reading

Follow Up on the Perception of Arbitration Forums

Posted in General
In my last post I mentioned that arbitration forums are often viewed as rigged for big business. Over the weekend I saw this Barron’s articled titled “The Street’s Due-Process Joke.” It’s about investor arbitration. The cited problem is that Financial Industry Regulatory Authority (FINRA) arbitration panels are so biased that they deny investors due process.… Continue Reading

Miss. S. Court Affirms Trial Court’s Refusal to Enforce Arbitration Clause in Nursing Home Admissions Agreement

Posted in Mississippi Supreme Court
On Thursday the Mississippi Supreme Court affirmed the Adams County Circuit Court’s Order refusing to enforce an arbitration clause in a nursing home admissions agreement. Here is the Court’s opinion in Adams Community Care Center, LLC v. Reed. The trial judge was Judge Lillie Blackmon Sanders. There were two admissions agreements in the case that… Continue Reading

AAJ Publication Identifies Five Myths about Medical Negligence

Posted in General, Tort Reform
In November the American Association of Justice published this report identifying five myths about medical negligence (malpractice). The identified myths are: there are too many frivolous malpractice lawsuits; malpractice claims drive up health care costs; doctors are fleeing; malpractice claims drive up doctors’ insurance premiums; and tort reform lowers insurance rates. Note: Yesterday’s Natchez Democrat… Continue Reading

Arbitration Retreat Continues: Bank of America Surrenders

Posted in National Politics
The WSJ Law Blog has this story about Bank of America deciding to no longer enforce arbitration clauses contained in customer agreements. The article states: Bank of America, based in Charlotte, N.C., is the first major bank to announce that it is withdrawing from all mandatory arbitrations in consumer-related businesses. Other banks previously have said they… Continue Reading

Miss. Supreme Court indirectly rules thousands of arbitration agreements unenforceable

Posted in Mississippi Supreme Court
In an opinion issued today over-ruling the Court of Appeals and striking down an arbitration clause in a nursing home admission agreement, the Mississippi Supreme Court effectively ruled that thousands of consumer arbitration agreements in Mississippi are unenforceable. Here is the opinion in Covenant Health and Rehab. v. Moulds. The Court ruled that an arbitration agreement is not enforceable when the designated arbitration… Continue Reading

MN Attorney General Puts National Arbitration Forum Out of Consumer Arbitration Business

Posted in General
In a shocking development in the world of arbitration the National Arbitration Forum (NAF) has agreed to exit the consumer arbitration business only days after the Minnesota Attorney General filed a detailed lawsuit alleging shocking bias on the NAF’s part in favor of business litigants. Here is a Business Week article reporting the news. The… Continue Reading

Oposition to mandatory arbitration grows

Posted in National Politics
The Shreveport Times has an article about a local man’s lobbying efforts in support of the Arbitration Fairness Act of 2009. Forced to arbitrate a claim against the builder of a bad home, the man was awarded less than the actual cost to repair the home. The arbitrator then destroyed the evidence so that the… Continue Reading

Tort Reform Propaganda and Arbitraitor Repeat Player Bias

Posted in General, National Politics, Tort Reform
How would you feel if you were sentenced to two years in prison for speeding because murder has gotten out of hand? Chances are you wouldn’t like it, since a petty offense like speeding doesn’t have anything to do with serious crimes. But the U.S. Chamber of Commerce and tort reform supporters commit a similar bait-and-switch when… Continue Reading

Mississippi Supreme Court rules for Plaintiffs in two nursing home cases

Posted in Mississippi Supreme Court
The Mississippi Supreme Court issued two unanimous opinions today in nursing home cases, both ruling for the plaintiffs. In Estate of Guillotte v. Delta Health Group the Court rejected the nursing home’s argument that summary judgment was appropriate because the plaintiff failed to identify the names of the individual care givers who breached the standard… Continue Reading