Decisions – Miss.S.Ct. – April 17, 2014

Mississippi Valley Silica v. Reeves –  Reeves filed a silicosis lawsuit in 2007 against 32 defendants. He died in 2010 and his wrongful death beneficiary was substituted. At trial, there was a single remaining defendant, Miss. Valley. The jury found economic damages of $1489,464.40 with Valley 15% at fault, Clark Sand at 15% at fault,…

Decisions – Ct. of App. – April 15, 2014

Residential Advantage Development v. Estate of Ross – The Ross family owns lot 20 of Beverly Heights. RAD owns lot 21.  RAD mistakenly built a house on Lot 20.  When Rad discovered its mistake, it sued for a constructive lien and to require the Ross family to sell it Lot 20 at its unimproved value. The Ross…

Oral Arg. – Miss.S.Ct. – Monday, April 14, 2014

Hester v. Lowndes County School District –  This opinion linked to is the Court of Appeals opinion.  The Miss. S. Ct. granted cert. It involves the firing of the principal and a coach at New Hope High School in Lowndes County after the coach (Hester)  financed a $15,000 fairway mower in the school’s name  with the written…

Decisions – Miss.S.Ct. – April 10, 2014

MDEQ v. Bell Utilities –  The former owner of the Black Creek Wastewater Treatment plant (Black Creek is located in the DeSoto National Forest) had been fined for illegal discharges into the Black Creek. Bell purchased the facility in 2004 and made improvements. However, when it later sold the facility to Utility One in 2010, the…

Decisions – Ct. of App. – April 8, 2014

Burnham v. Burnham –  Mathew and Dana were divorced.  Dana was awarded some $283,000 in marital assets, primary physical custody of the two children, and $600 a month in child support.  Mathew appealed arguing that the court erred in the amount of assets and child support it awarded and that it also erred in dismissing…

Drafting Tip: Assume The Court Is Hostile

The title of this post may seem melodramatic; after all, even if we grumble about rulings from judges or occasionally about “home cooking,” where local lawyers (or friends of the judge) get what we perceive as better treatment than others without the personal relationship, we generally, as attorneys, have to believe that judges are fair…

When court reporters go bad

The NY Post has this story about a court reporter who typed “I hate my job” over and over again instead of transcribing the courtroom proceedings. And here’s the story in the NYT. Which reminds me of something that happened early in my career.  There was a death penalty case that ended up being tried…