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: Johnny Givens

$900,000 Jury Verdict- $500,000 Judgment in Jefferson County Silica Trial

Posted in Verdicts in Mississippi
On Tuesday a Jefferson County jury returned verdicts of $800,000 in actual damages and $100,000 in punitive damages in Sampson v. Mississippi Valley Silica Co. The jury apportioned 50% fault to Miss. Valley Silica, which presumably lowers the judgment in the case to $500,000. Patrick Malouf and Johnny Givens with Porter & Malouf in Ridgeland… Continue Reading

Silica Trial Ongoing in Claiborne County

Posted in General
There is a silica trial taking place this week in Claiborne County. The plaintiff claims that he was exposed to silica at the Grand Gulf Power Plant. I understand that there are concerns that there could be a mistrial ordered due to the Mississippi River flooding in Claiborne County. Apparently, water is at Hwy 61 near the… Continue Reading

Cheap Shots in Trial are OK?

Posted in Mississippi Court of Appeals
The Court of Appeals concluded 2010 with a decision that bothers me. Here is the Court’s opinion in Triplett v. River Region Medical Corp. Facts: This was a Warren County medical malpractice case against a hospital, doctor and CRNA. River Region got out on summary judgment and the case was tried in May 2008 before Judge Frank… Continue Reading

Miss. S. Court Rules Action Filed in Name of Deceased Person is a Nullity and Rule 17(a) Substitution Not Proper; Court also Rejects Waiver of Affirmative Defense Argument

Posted in Mississippi Supreme Court
On Thursday a divided (5–3) Miss. Supreme Court reversed and rendered in favor of the defense in Gardner Denver, Inc. v. Pittman. Here is the Court’s opinion, which Chief Justice Waller wrote. Justice Graves wrote a dissent joined by Justices Kitchens and Chandler. Facts This was an asbestos case in Hinds County Circuit Court before Judge Winston… Continue Reading