The Mississippi Law Blog is written by lawyers at AmLaw 200 firm Bradley Arant Rose & White. The blog covers Mississippi litigation news related to a variety of practice areas, including construction law, insurance law, environmental law, labor and employment law and pro bono work.
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On May 20, 2008, the Fifth Circuit Court of Appeals issued a notable opinion relating to an insurer’s liability for bad faith when it delays payment of total available policy benefits because of its ignorance of Mississippi law. In Essinger v. Liberty Mutual Fire Ins. Co., No....
David W. Clark, a partner in the firm's Jackson office, has been appointed to be the member from the Fifth Circuit on the American Bar Association's Standing Committee on the Federal Judiciary. Mr. Clark will serve a three-year term, from August 2008 to August 2011. The Standing Committee on the...
Southern Business & Development magazine has named Bradley Arant one of the "Ten Law Firms that Know Economic Development." The magazine's recent issue highlights firms that specialize in helping companies find the best locations, identify the best tax structures, maximize incentives...
On April 7, 2008, the Fifth Circuit Court of Appeals issued another important opinion in the coverage disputes arising out of Hurricane Katrina. In Broussard v. State Farm Fire and Cas. Co., the Fifth Circuit examined several rulings made by District Judge L.T. Senter. In Broussard v. State...
In Progressive Gulf Insurance Company v. Dickerson and Bowen, Inc., and Travelers Indemnity Company of Illinois, 2006-CA-01250-SCT (Oct. 4, 2007), The Mississippi Supreme Court reversed and rendered a trial court’s grant of Summary Judgment in a dispute between two liability insurance...
In Smith v. Clement, No. 2006-CA-00018-SCT (April 2, 2008), the Mississippi Supreme Court reaffirmed the trial court's responsibility to act as a gate-keeper for introduction of expert testimony, following Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). In Smith, the...
On March 17, 2008, Governor Haley Barbour signed the “Mississippi Employment Protection Act” into law. The law covers every employer in Mississippi and mandates that they shall register with and use the E-Verify status verification system in hiring new employees. The...
On January 24, 2008, OSHA issued directive number CPL 03-00-007 regarding a new National Emphasis Program (“NEP”) for crystalline silica. The NEP builds on and expands OSHA’s prior special emphasis program which began in 1996. The NEP targets worksites with elevated...
Clark v. Paragon Systems, Inc., No. 06-30934 slip op. (5th Cir. Apr. 3, 2007), an unpublished opinion, considers the effect of Hurricanes Katrina and Rita on a litigant’s deadline to file a lawsuit within 90 days of receiving a right-to-sue notice from the EEOC. Construed most liberally in...
Wilson v. Strickland, No. 2005-CA-02235-COA slip op. (2007), was tried to a defense verdict in the County Court of Harrison County. The case arose from a car accident, in which the plaintiff – who is white – was a guest passenger in a car that “t-boned” a church van driven...