Mississippi Litigation Review & Commentary

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Here is a preview of the January 2019 issue of the Miss. Jury Verdict Reporter: $1.6 million verdict- Harrison County termite damage case covered here (12/13/18); defense verdict- Hinds County car wreck case (12/5/18); defense verdict- DeSoto County medical malpractice case (11/29/18); defense verdict- Tate County car wreck case (12/5/18); defense verdict- Jackson County wrongful termination case (12/12/18); and defense verdict- Hancock County car wreck case (12/10/18). My Take: For those keeping score at home,…
Last month two federal court of appeals judges sucking up to speaking at the Federalist Society Convention advocated no discovery in cases worth less than $500,000. From the Slate article: Thomas Hardiman, a judge on the 3rd U.S. Circuit Court of Appeals, made what should have been viewed as a shocking declaration for a federal judge. Hardiman told the crowd at the 2018 Federalist Society Convention: “If I were able to do something unilaterally,…
This post is a follow up on a 2014 post about civil filings in Mississippi. Cliff Johnson, the Director of the MacArthur Justice Center at Ole Miss Law School, provided me with these updated statistics: Civil Cases filed 2001 – July 2018 . Another helpful document for analyzing filings is the Mississippi Supreme Court’s Annual Report. Here is the 2017 Report. Reports dating to 1998 are on the Court’s website. This page from…
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 enough money left over from fees and other sources to run through Jan. 11, according to the Administrative Office…
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 — represents a tremendous loss of clout for the state. Republicans and Democrats alike statewide recognize that fact. Couple…
The week before Christmas Bigger Pie Forum looked at PERS’ cost of living adjustment (COLA), commonly known as the 13th check. PERS recipients get a 3% raise every year as a COLA. Many retirees take it in a lump sum at the end of the year–the 13th check. PERS’ COLA exceeds commonly recognized inflation indexes. The average gain of the consumer price index since the legislature raised COLA to 3% was 2.18%. According to…
As reported elsewhere, Governor Bryant announced yesterday he is appointing Court of Appeals Judge Kenny Griffis to fill Chief Justice Waller’s seat on the Supreme Court. Bryant also appointed State Rep. Cory Wilson to fill Judge Griffis’ seat on the Court of Appeals. My Take: Thus concludes the judicial silly season. I say that because there has been a LOT of speculation about these seats. A few months ago when Justice Waller’s resignation was only…
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 of case where first trial resulted in $125,763 plaintiff verdict (9/13/18); defense verdict- Madison County medical malpractice case (10/24/18); and…
On Thursday a Harrison County jury in the Biloxi division returned a $1.6 million verdict in Spiers v. Terminix. The plaintiffs sued Terminix for not disclosing the extent of termite damage to a home. The case related to an incorrect WDIR report prepared by Terminix before plaintiffs closed on a house on Back Bay. The year before closing, Terminix performed over $55k in termite repair damage on the home, but failed to disclose the extent…
The Legal Skills Prof Blog ran this post about the legal industry losing 2,400 jobs in November. This followed gains in September-October. Overall, the industry lost 100 jobs in the last 12 months. My Take: Another reason to avoid law school. I don’t know why the industry isn’t growing. My guess is technology is eliminating jobs. But the reason doesn’t matter. It’s hard enough to get a good job in growing industries. Going to professional…