Decisions – Miss.S.Ct. – June 30, 2016

Georgia Pacific Corporation v. Cook Timber Company, Inc. – The Court denies rehearing but tweaks the opinion. And issues a per curiam affirmance (no opinion) in Megan Werner, Individually and as Next Friend and Guardian to C.O., a Minor v. Mississippi Department of Human Services And rules on  supplementing the record in the appeal of a…

Decisions – COA – June 28, 2016 – part 2

Watkins Development, LLC and David Watkins, Sr. v. C. Delbert Hosemann, Jr., in his Official Capacity as Mississippi Secretary of State – violations of the Mississippi Securities Act – In 2010, Watkins Development was hied to work as the master planner for Meridian.   That same year. Watkins began on a project to renovate the former Belk…

Decisions – COA – June 28, 2016 – part 1

Dwaliues Deon Carter v.  State of Mississippi – 404(b) – In January 2011, the  bodies of Robert Lewis Carter  and his fianceé, Renita Lee Mark were found dead in their home from gunshot wounds.  Their  seven-month-old infant was found on the floor of the house, hungry, crying, and in need of a diaper change.  Robert’s brother was…

Oral arg. – COA – June 29, 2016

  At 10:00 the COA will hear the workers comp case of Lee Manfredi. AMS Staff Leasing, Dallas National Ins., JKS Construction, Harrell Contracting Group, Zurich American Insurance Company, Antonio Mondragon and Charter Oak Fire Insurance.  There’s no “versus” because the parties disagree on who is suing whom. In March 2012 Manfredi was working on the…

Oral arg. – Miss.S.Ct. – June 28, 2016

At 10:00 the Miss.S.Ct. will hear the case of Jennifer Carter v. Josh Carter Josh and Jennifer  divorced in Rankin County in 2011, and Jennifer got custody of their one child Delaney.  In May 2012, Josh filed a complaint for modification which alleged a material change in circumstances that had adversely impacted Delaney.  It did…

Supremes strike Texas abortion law

Texas had passed a law that was designed to make abortions harder to get.  Like a Mississippi law that the district court here found unconstitutional (and a different panel of the 5th Circuit did not reverse), the Texas law  required  doctors who perform abortions at clinics to have admitting privileges at a nearby hospital and said…

Decisions – Miss.S.Ct. – June 23, 2016

Debra Tarvin on behalf of the wrongful death beneficiaries of Caldwell Tarvin v. CLC of Jackson,LLL d/b/a Pleasant Hills Community Living Center – ability to bind third party to arbitration agreement via the Miss. Uniform Healthcare Surrogate Act –  Debra Tarvin placed her father Caldwell into Pleasant Hills Nursing Home.  She signed the admission form containing…