Oral arg. – MSSC – 7/16/2019

At 1:30 the MSSC will hear the case of Douglas Michael Long, Jr. v. David J. Vitkausakas, another bullshit alienation of affection lawsuit. Apparently these still exist because we have a legislature full of idiots. And henceforth we are dealing with Doug and Dave because I refuse to type Vitausakas more than I have already.

The issue here is personal jurisdiction. Doug sued Dave in 2014 after he and his wife Catherine divorced. Doug and Catherine separated in 2011 and she immediately moved to Pennsylvania to live with Dave, her supervisor from work. The trial court granted Dave’s motion to dismiss for lack of personal jurisdiction. The MSSC reversed and remanded. Long v. Vitkauskas, 228 So.3d 302 (Miss. 2017). On remand, Dave again filed to dismiss based on lack of personal jurisdiction. Doug attempted to notice Dave’s deposition in order to develop facts that would support jurisdiction in Mississippi but the trial court dismissed the lawsuit without allowing the deposition to take place. Doug appeals again.

Doug argues that there were thousands of phone calls between the two in the year before Catherine left, that Dave sent at least three gifts to Catherine at her and Long’s home in Olive Branch and that Dave had even visited their home in Olive Branch. “Vitkauskas never alleged that
he was unaware that Catherine lived in Mississippi or that Catherine had misled him about her residence.”

Doug’s brief

Dave’s brief

Doug’s reply brief

Watch the argument here

Sorry I missed a couple of weeks summarizing decisions. I can spend all day Tuesday summarizing exceedingly boring COA opinions or trying in vain to do something about my batshit crazy family but, apparently, there is no way for me to do both. And, frankly, I’d rather do neither.

4 thoughts on “Oral arg. – MSSC – 7/16/2019

  1. Jane we all got batshit crazy family. Thank you for your hard work on these summaries.

    Bill Ready

    Bill William E. Ready, Jr. 2103 5th Street Meridian, Ms 39301-5131 (601) 693-5050 Email: Bill@ReadyLawFirm.com ________________________________

    • I win the batshit crazy family contest. Ask Julie Epps or Leslie Brown. Julie and I used to fight over who had the worst sister. She conceded several years ago.

  2. Why do you feel that alienation of affection cause of action is bullshit?

    William P. Featherston, Jr.

    Attorney at Law

    350 Arbor Drive, Suite D

    P. O. Box 1105

    Ridgeland, MS 39158-1105

    Telephone: 601.206.5557

    Cell: 601.955.9806

    Fax: 601.206.1612

    email: bfeather@bellsouth.net

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