Decisions – Miss.S.Ct. – Oct. 5, 2017

Douglas Michael Long, Jr. v. David J. Vitkauskas – service by registered mail – Long sued Vitkauskas for alienation of affections.  Vitkauskas moved to dismiss based on insufficient service of process because Vitkauskas was served via MRCP 4(c)(5) – via registered mail – and someone other than himself, Mary Bre,  signed the return receipt.  The circuit court…

Oral arg. – COA – Sept. 4, 2017

At 1:30 the COA will hear the case of Dalton Ray Stewart v. Dynamic Environmental Service, LLC and HDI- Gerling  Insurance Company.  This is a workers comp case.  Stewart was working for Dynamic Environmental when he was injured when the car he was driving for his employer rolled over in Reagan County Texas.   The only dispute…

Decisions – COA – Oct. 3, 2017

Jerry W. Paige d/b/a Paige Electric Company, LLC v. Wells Fargo and Company – commercial paper – Bret Gibson leased storage space from Paige and owed $80,000.  In 2006, Gibson tendered as payment an $83,972  check issued by Fidelity and Deposit Company payable to Jim Wylie and HomeEq. Service Corporation (later Wells Fargo). Paige contacted Wylie…

Judges and scientific evidence

Not a good fit.  Radley Balko in the Washington Post in an article headlined  Judges are terrible at distinguishing good science from bad. It’s time we stopped asking them to do it about a new law journal article   in the Case Western Reserve Law Review.

Oral arg. – Miss.S.Ct. – Oct. 3, 2017

At 10:00 the Miss. S. Ct. will hear the case of Miss. Baptist Health Systems, Inc. – Leake, Inc., David Moody, M.D. and Madden Medical Clinic, PLLC v. Sylvia Diane Harkins and Reggie Harkins   which presents a venue issue that has been hanging around ever since the legislature passed M.C.A. Sect. 11-11-3(3) which states that  lawsuits…

Decisions – Miss.S.Ct. – Sept. 28, 2017

City of Meridian, Mississippi d/b/a East Mississippi Drug Task Force v. $104,960.00 U.S. Currency, and a 2003 Ford F-150 Supercab Truck, VIN #1FTRX17213NB65899 and Maria I. Valle Catalan – forfeiture/notice when converting a motion to dismiss into a motion for summary judgment –    In June  2012, Catalan was pulled over for “tired” driving. A consensual search revealed…

Decisions – COA – Sept. 26, 201

Shanki Kennedy  v. State of Mississippi –  aggravated assault – Kennedy was convicted of aggravated assault for attacking Victoria Watts with a tire arm as she lay in bed.  Watts was the estranged wife of Kennedy’s boyfriend.  Watts was able to grab a knife and fight back.  When Kennedy later sought medical treatment, she was arrested.…