Mississippi Litigation Review & Commentary

Comments on the Latest Developments in Mississippi Civil Litigation

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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…
There is an interesting case before the California on the issue of whether that state’s pension benefits are guaranteed. The Sacramento Bee reports here. The State’s argument: “Neither the U.S. Constitution nor the California Constitution requires the state to mismanage its affairs and continue a broken system for decades, even after the state has concluded the program is severely (if not fatally) flawed and cannot be implemented as originally intended.” Participants disagree. The case…
The Clarion-Ledger reports today on the record-breaking class of new judges taking office in January. According to the article: …40 new judges who will take the bench across the state, the largest number of new judges in modern times…. The new judges include 18 chancery judges, nine circuit judges, 10 County Court judges and three Court of Appeals judges. They will be sworn in Jan. 7. The new judges have spent this week at the…
A proposed amendment to Fed. R. Civ. P. 30(b)(6) is drawing fire from the defense bar and their clients. Here is the proposed amendment: FRCP 30(b)(6). Here is the Lawyers for Civil Justice’s comment: Lawyers for Civil Justice Comment. Lawyers for Civil Justice is a national coalition of corporations, law firms and defense trial lawyer organizations. Based on their comments, it’s a group that thinks discovery is about gamesmanship and keep-away instead of…