Mississippi Rules of Civil Procedure Advisory Committee Notice

On June 9, 2014, the Mississippi Supreme Court entered an order on a motion from the Supreme Court Advisory Committee on Rules. Appended to that Order was the new Advisory Committee Notes to the Mississippi Rules of Civil Procedure. A copy is attached below. This was posted to the Mississippi Supreme Court website and announced…


Use of Facebook at Trial

The Mississippi Supreme Court recently addressed the use of Facebook messages at trial in SMITH v. STATE, NO. 2012-CT-00218-SCT. The question arose as to if the specific page was in fact posted by who the page said or fake. In the court’s words, was the particular page and its information ‘authentic’? The court noted that…


Named-Driver Exclusion Held Invalid (and possibly others by extension)

In February, in a 6-2 decision, the Mississippi Supreme Court held that the named-driver exclusion is invalid for purposes of providing the statutory minimum limits.  LYONS v. DIRECT GENERAL INSURANCE COMPANY OF MISSISSIPPI (Miss. February 13, 2014). Although the named driver exclusion varies from state to state or even policy to policy, it is typically a clause in…

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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