Recent Articles

Fifth Circuit Issues Notable Insurance Bad Faith Decision Related to Ignorance of Stacking Law

Bradley Arant Rose & White LLP
June 11, 2008 16:11

 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 Appointed to ABA Standing Committee on the Federal Judiciary

Bradley Arant Rose & White LLP
June 09, 2008 15:57

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...

Bradley Arant One of Ten Law Firms that Know Economic Development

Bradley Arant Rose & White LLP
May 13, 2008 22:32

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...

Fifth Circuit Issues Important Katrina Coverage Decision in Broussard

Bradley Arant Rose & White LLP
April 12, 2008 01:25

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...

Mississippi Supreme Court Reverses Summary Judgment in Contractual Indemnity Dispute

Bradley Arant Rose & White LLP
April 12, 2008 01:02

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...

Mississippi Supreme Court Reaffirms Trial Court's Role As Gate-Keeper

Bradley Arant Rose & White LLP
April 12, 2008 01:01

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...

"Governor Barbour Signs Mississippi Employment Protection Act" Into Law

Bradley Arant Rose & White LLP
April 12, 2008 01:00

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...

OSHA ESTABLISHES NEW NATIONAL EMPHASIS PROGRAM ON CRYSTALLINE SILICA

Bradley Arant Rose & White LLP
February 04, 2008 20:36

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...

Fifth Circuit Determines Hurricanes' Effect on Right-to-Sue

Bradley Arant Rose & White LLP
May 16, 2007 21:55

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...

Court of Appeals Reviews Batson Challenge Procedure

Bradley Arant Rose & White LLP
May 16, 2007 21:15

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...