UPDATED 02-10-09
J. WYATT HAZARD and SANDRA
D. BUCHANAN, December 2008 – Motion
for Summary Judgment granted in a premises liability
case in the Circuit Court of Attala County, Mississippi.
JACKSON H. ABLES, III, C. MICHAEL ELLINGBURG and BRANDI N. SMITH, December 2008 – Alabama Supreme Court affirmed on Due Process grounds, that claim for allegedly wrongful death of Alabama steel plant's hoist operator cannot be maintained against German equipment manufacturer; product had not come into Alabama by regular and anticipated flow of commerce but by "unpredictable currents or eddies," not chargeable to purposeful acts of German defendant.
JOHN
STANFORD GONZALEZ, December 2008 – Full Commission reversed an
Administrative Judge's ruling that the Employer was responsible for
workers' compensation claim for injury and demand for surgical treatment
as the totality of the medical evidence did not support the
Administratvie Judge's ruling that claimant had sustained the injury as
claimed.
TIMOTHY
M. PEEPLES, December 2008 – Summary Judgment granted for
Defendants in a case that arose out of a motor vehicle accident between
the plaintiff and a Clarksdale Police Officer who had been dispatched to
a disturbance call. The Court found that the Officer was not acting
with "reckless disregard" under the Mississippi Tort Claims Act at the
time of the accident, in the Circuit Court of Coahoma County,
Mississippi.
TERRY R. LEVY, December 2008 – Defense verdict for insurance agent in
the United States District Court for the Southern District of
Mississippi.
ROBERT F. STACY, JR., December 2008 – Directed verdict for our client
in a breach of contract case in the Circuit Court of Lafayette County,
Mississippi.
JOHN
STANFORD GONZALEZ, November 2008 – Workers' compensation back
claim was denied after Administrative Judge ruled that claimant's claim
of injury was contradicted by the evidence presented by employer since
the testimony of claimant was deemed to be without credibility.
Claims for indemnity benefits and for medical treatment including
surgery were dismissed.
JOHN
STANFORD GONZALEZ, November 2008 – Admistrative Judge dismissed
workers' compensation claim on the basis of employer's allegation that
claimant was intoxicated and that his intoxication was the proximate
cause of his injuries when claimant walked in front of moving forklift
sustaining serious injuries.
JOHN B. CLARK and W.
BIENVILLE SKIPPER, November 2008 – Summary
judgment obtained for county in action under 42 USC §1983
for the alleged wrongful death of a pretrial detainee
in the United States District Court for the Southern
District of Mississippi.
ROBERT
F. STACEY, JR. and D.
BROOKE NEWMAN, October 2008 – Motion
to Dismiss granted for Defendant due to Plaintiff's
failure serve defendants prior to the expiration of
the 120 days allowed by M.R.C.P. 4(h) thereby allowing
the statue of limitations to run before accomplishing
service on defendants in the Circuit Court of Lee County,
Mississippi.
JOHN
B. CLARK and W.
BIENVILLE SKIPPER, October 2008 – Summary
Judgment obtained for county as to all federal and state
law claims for alleged excessive use of force in the
United States District Court for the Southern District
of Mississippi.
TIMOTHY
M. PEEPLES, September 2008 – Summary
Judgment granted to Defendant in a wrongful death/products
liability case wherein the decedent's parents alleged
that Defendant failed to provide a safe workplace for
their son in the Circuit Court of Shelby County, Tennessee.
SILAS
W. MCCHAREN, August 2008 – Motion
for Summary Judgment granted on wrongful discharge
claim under state law in the Circuit Court of Green
County, Mississippi.
TIMOTHY
M. PEEPLES,
August 2008 – Order of Dismissal entered in favor
of Defendants in a breach of contract claim wherein the
Defendants were alleged to have refused to pay for limousine
services provided by the Plaintiff in the General Sessions
Court, Shelby County, Tennessee.
WILTON
V. BYARS, III and D.
BROOKE NEWMAN, August 2008 – Motion
to Dismiss, or in the Alternative, for Summary Judgment
granted for Defendant in a Mississippi Tort Claims
Act case in which plaintiff alleged negligence and
reckless disregard while in the custody of the Holly
Springs Police Department in the Circuit Court of Marshall
County, Mississippi.
WILTON V. BYARS, III and AMANDA M. URBANEK,July
2008 – Summary Judgment granted in case alleging
tortious interference with employment relations, civil
conspiracy and intentional and negligent infliction of
emotional distress in the Circuit Court of Marshall County,
Mississippi.
M.
JAMES WEEMS, July 2008 – Summary Judgment granted
to Defendant in a products liability matter wherein the
plaintiff alleged that the failure of a defective smoke
detector to operate contributed to his substantial injuries.
County Court of Washington County, Mississippi. SILAS
W. MCCHAREN and SANDRA
D. BUCHANAN, July 2008 – Summary Judgement
granted to defendants in an action claiming discrimination
and state law slander per se and libel claims
in the United States District Court, Southern District
of Mississippi, Southern Division.
C.
MICHAEL ELLINGBURG, TERRY R.
LEVY and BRANDI
N. SMITH, June 2008 – Payment and Performance
Bond Indemnity Action: The United States District for
the Northern District of Mississippi entered an order
in favor of surety requiring indemnitor to post collateral
security bond. AFFIRMED by the United States Court of
Appeals for the Fifth Circuit.
DAVID
B. KRAUSE, June 2008 – Summary judgment granted
to clients by the Chancery Court of Harrison County,
Mississippi.
NANCY
SIPLES BRUMBELOE, June 2008 – Summary Judgement
granted to defendants in an action for breach of contract,
fraud, deceit, misrepresentation and punitive damages
on a loan agreement, in the United States District Court,
Southern District of Mississippi, Southern Division.
ROBERT
STACY and D.
BROOKE NEWMAN, June 2008 – Summary judgment
granted in a premises liability action in the United
States District Court for the Northern District of Mississippi,
Eastern Division, by Judge Sharion Aycock.
JACKSON H. ABLES, III and CHRISTINE B. TATUM, May 2008 – 19th Judicial District Court of East Baton Rouge Parish, Louisiana, entered stipulated dismissal of third party demand of Louisiana over the road tractor dealer in products liability case against South Africa based competitor, which was sued improperly; third party petitioner made voluntary reimbursement of the dismissed third party defendant's attorney's fees.
JOHN
STANFORD GONZALEZ, May 2008 – Mississippi Workers'
Compensation Commission's ruling denying claimant's allegation
that he sustained an injury in the course and scope of
employment or that the surgery to his back was the result
of work activity in light of contradictory conduct and
statements made by claimant was affirmed by the Circuit
Court of Jackson County, Mississippi.
JOHN
STANFORD GONZALEZ, May 2008 – Administrative
Judge's Order finding permanent and total disability, was vacated and the case was remanded for further proceedings
on the issue of disability and the application of credit
on salary paid during claimed disability by the Mississippi
Workers' Compensation Commission.
JOHN STANFORD
GONZALEZ, May 2008 – Dismissal of claimant's
allegation of slip and fall injury to neck while in the
course of employment when claimant failed to prove injury
could have occurred as alleged, by an Administrative
Judge at the Mississippi Workers' Compensation Commission.
DAVID B. KRAUSE,
April 2008 – Obtained directed verdict after defense
rested in the Circuit Court of Harrison County, Mississippi.
B. STEVENS
HAZARD and JASON
STRONG, April 2008 – Defense verdict in favor
of clients in wrongful death action arising out of tractor-trailer
accident in the Circuit Court of Bolivar County, Second
Judicial District, Mississippi.
DAVID B. KRAUSE,
March 2008 – Jury returned a verdict which was less
than the medical damages submitted by the Plaintiff in
the Circuit Court of Jackson County, Mississippi.
JACKSON H. ABLES,
III, March 2008 – In an 11 page opinion, the
Circuit Court of Morgan County, Alabama, granted Jackson
Ables' motion to dismiss a wrongful death claim against
a German manufacturer of overhead cranes and hoist products.
The client custom built a hoist to the specifications
of its Canadian customer. Later, that customer improperly
sold the crane to its own American customer, in direct
violation of an agreement between the German manufacturer
and the Canadian purchaser. The Alabama Court agreed
the German manufacturer had no contacts with the State
that would warrant requiring it to defend the case in
Alabama. Mr. Ables was assisted in the case by associate BRANDI N.
SMITH, a member of the Mississippi and Alabama bars.
Circuit Court of Morgan County, Alabama.
BEN
SKIPPER and BRANDI N.
SMITH, March 2008 – Summary judgement entered
in favor of workers' compensation insurance carrier against
third party tort-feasor in Warren County, Vicksburg,
Mississippi.
GEORGE
ABDO and TOM
JULIAN, February 2008 – Summary judgement in
favor of life insurance company in a suit alleging negligence
and bad faith arising out of payments due under 2 annuity
policies in the Chancery Court of Newton County, Mississippi.
JACKSON
H. ABLES, III, January 2008 – In a wrongful
death claim brought in the Circuit Court of Panola County,
Mississippi, on interlocutory appeal from a Circuit Court
order granting Jackson Ables' successful motion to dismiss
a manufacturer located in San Vito al Torre, Italy for
want of in personam jurisdiction, the Supreme Court of
Mississippi has dismissed the interlocutory appeal, making
the dismissal won in the Circuit Court final. Circuit
Court of Panola County, Mississippi.
JOHN
CLARK and BEN
SKIPPER, December 2007 – Summary judgment granted
in favor of Sheriff and officers on all allegations and
in favor of county on allegations that arose under the
Mississippi Tort Claims Act for the wrongful death of
an inmate in the Untied States District Court for the
Southern District of Mississippi.
NANCY
BRUMBELOE, December 2007 – Summary judgment
in favor of mortgage company and its president on all
claims brought by homeowners for alleged deficiences
found after their purchase of an existing home in the
Circuit Court of Jackson County, Mississippi.
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