UPDATED 08-28-2009
EDWARD C. TAYLOR and KRISTI ROGERS BROWN - July - 2009. The District Court's grant of Summary Judgment in favor of Geico Insurance Company, was affirmed by the Fifth Circuit Court of Appeals.
ROBERT F. STACY, JR - July - 2009. Summary Judgment granted by Circuit Court of Forrest County MS in favor of a national fraternity and local chapter on plaintiff's claim that he was assaulted on the premises.
ROBERT F. STACY JR., May - 2009. Circuit Court of Alcom County, MS. Summary Judgment granted in favor of cable company on plaintiff's claim that a downed line caused electrical shock and injuries.
BRENDA G. LONG and KRISTI ROGERS BROWN April - 2009. Motion for Summary Judgment granted in a 1983 civil rights action by the United States District Court for the Southern District of Mississippi, Southern Division.
TERRY D. LITTLE, April - 2009. Summary Judgment obtained for defendant City in an action under the Federal Due Process Clause and Equal Protection Clause of the 14th Amendment for the alleged revocation or wrongful refusal to approve a planned unit development in the United States District Court for the Northern District of Mississippi.
JOHN WAITS, March - 2009. Summary Judgment in County Court of Lauderdale County, Mississippi. Court found that a local busienss owner was not liable for injuries received by an individual who had fallen on the business premises. Business owner provdied a reasonably safe premises.
TERRY D. LITTLE, March - 2009. Order of Dismissal entered in favor of Defendant in breach of contract, product liability and negligence claim where the Defendant allegedly installed a defective alarm system that resulted in a fire.
ROBERT F. STACY, JR. and BROOKE NEWMAN DRISKELL - March - 2009. Defense verdict for holster manufacturer in product liability case in United States District Court for the Northern District of Mississippi.
ROBERT F. STACY, JR. March - 2009. Defense verdict for window dealer/distributor in case alleging breach of warranty, breach of contract and negligence in the Circuit Court of Lafayette County, Mississippi.
ROBERT F. STACY JR. March - 2009. Insurance agent dismissed as improperly joined in lawsuit against agent and life insurance company in United States District Court for the Northern District of Mississippi.
SILAS W. MCCHAREN and BRANDI N. SMITH February - 2009. Defendant County granted Motion for Summary Judgment in United States District Court for the Southern District of Mississippi, Jackson Division.
ROBERT F. STACY, JR., February - 2009. Summary Judgemtn for insurer on coverage issues in United States District Court for the Northern District of Mississippi.
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 BROOKE NEWMAN DRISKELL, 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 BROOKE NEWMAN DRISKELL, 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 BROOKE NEWMAN DRISKELL, 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, 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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