News

Untimely Expert Disclosure Waived by Failure to Seek Continuance

Six Grand v. Miss. Bureau of Narcotics.  In this case, a citizen fled a license checkpoint and then crashed his car.  When apprehended, officers found six grand and some cocaine.  The state sought forfeiture. Two state witnesses were previously disclosed as fact witnesses only during discovery, but two weeks before trial, the state designated them…

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Mississippi Creates Mini-MDLs (Really, MCLs)

Mississippi created mini-MDLs or more appropriately, mini-MCLs.  The Mississippi Supreme Court amended Rule 42 of the Rules of Civil Procedure on September 25, 2014. The Court added a new section designed to permit the consolidation of similar cases with similar facts that are pending in counties that are within a single judicial district (either chancery…

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Oral Argument on Damage Caps Canceled

Oral arguments were scheduled for 10am Wednesday, September 24, 2014 on the Constitutionality of Mississippi’s caps on non-economic damages awards.  The case was Carter v. Interstate Realty Management out of Coahoma County.  It involved the death of a child in an apartment fire.  The jury verdict was approximately $7.5 Million, $6.5 Million was non-economic damages. …

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Defense Wins

Summary Judgment in Jefferson County Nursing Home Case

Hunter C. Carroll and Michael E. Phillips of the Hagwood Adelman Tipton firm successfully defended a long-term care facility in a medical negligence/personal injury case pending in Jefferson County Circuit Court. Plaintiff alleged that the nursing home was negligent in its care and treatment of her medical conditions resulting in her wounds being infested with…

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