TIMOTHY M. PEEPLES - December, 2010. The United States District Court for the Western District of Tennessee granted the defendant's summary judgment motion on plaintiffs' claims of malicious prosecution and abuse of process.
TIMOTHY M. PEEPLES and ROBERT F. STACY, JR. - December, 2010. The Circuit Court for the Second Judicial District of Yalobusha County, Mississiippi granted the defense a partial summary judgment on an uninsured motoris coverage issue.
ROY A. SMITH - December, 2010. The United States District Court for the Northern District of Mississippi granted the defense motion for summary judgement on a bad faith insurance claim.
TIMOTHY M. PEEPLES, November, 2010. The Circuit Court of Lafayette County, Mississippi, granted summary judgment in favor of defendants, denying the plaintiff's demand for specific performance under a contract for the sale of real property.
MICHAEL B. DICKINSON - November, 2010. Summary judgment granted in favor of defendant insurance company in the Circuit Court of George County in a claim for uninsured motorist benefits.
SHEA S. SCOTT - November, 2010. The Circuit Court of Sunflower County granted defendants' motion for summary judgment dismissing plaintiffs' claim that they lost profits due to a conspiracy to injure or kill livestock.
EDWARD C. TAYLOR - November, 2010. A jury in the Circuit Court of Harrison County found the plaintiff truck driver 75% at fault in a case where injuries resulted from an 18-wheeler accident involving an employee of a glass company who was elevated over a roadway in a man lift. Plaintiff asked for $500K in damages and was awarded only $25K.
ROY A. SMITH, JR. - October, 2010. The Circuit Court of Washington County granted summary judgment in favor of defendant pawn shop in a wrongful death action brought as a result of a suicide executed with a gun purchased at the pawn shop.
ROY A. SMITH, JR. - September, 2010. The Circuit Court of Rankin County granted defendant's motion for summary judgment in a tort claims case alleging brain injury against defendant school district.
J. WYATT HAZARD - September, 2010. District Court granted Motion to Dismiss of defendant attorney based upon application of the Rooker-Feldman doctrine.
ROBERT F. STACY, JR. - August, 2010. Coahoma County Court granted summary judgment in favor of defendant restaurant dismissing plainiff's claim that she contracted a food borne illness after eating food purchased at the restaurant.
JACKSON H. ABLES, III - June 2010. In an unreported decision favorable to the defendants, the United States Court of Appeals for the Fifth Circuit has affirmed the summary judgment earlier entered for defendants EPCO, Inc., and Raymond Toulman and the Court has denied Appellant's petition for rehearing. Clark v. EPCO, Inc. Plaintiff's wrongful death claim asserted defendants had negligenty caused the rear-end collision that killed decedent but occurred subsequent to the overturning of defendants' tanker-trailer carrying butane. The claim was held defective on three elements: no duty owed to the decedent, no breach of a duty to the decedent, and no causation.
JOHN S. GONZALEZ - June 2010. Workers' Compensation Judge ruled Municipality not responsible to employee claiming back injury and surgery from lifting water meter lid, when the evidence showed that the claimant could not have clocked in at work, driven to the location of injury and then be evaluated within the time seen at the hospital emergency room. Moreover, Judge found claimant not credible in her testimony regarding disability thus failing to meet the burden of proof by a preponderance of the evidence.
C.MICHAEL ELLINGBURG - May 2010. U.S. Fifth Circuit Court of Appeals REVERSES a District Court's order granting plaintiff's/appellee's motion for summary judgment in a breach of contract/declaratory judgement action seeking recovery of federal income taxes paid by Plaintiff which were being contested by the employee in U.S. Tax Court. Fifth Circuit further grants defendant's/appellant's request to stay the District Court proceedings pending the outcome of the defendant's/appellant's challenge to the claimed federal tax liability in U.S. Tax Court proceedings.
TERRY R. LEVY - April 2010. The Court of Appeals affirmed the Granting of Motion to Dismiss by defense in Rebuild America v. Johnson.
B. STEVENS HAZARD and JASON H. STRONG - April 2010. A defense verdict was affirmed by the Mississippi Supreme Court in a Wrongful Death action brought against a trucking company and its driver.
M. JAMES WEEMS - March 2010. United States District Court delivered a defense verdict in a warranty/negligent repair case involving the fire destruction of a farmer's cotton picker.
MICHAEL B. DICKINSON - March - 2010. Jury verdict in favor of defendant in a personal injury suit arising from a motor vehicle accident in the Circuit Court of Jackson County, Mississippi.
TERRY D. LITTLE - February - 2010. The District Court's grant of summary judgment dismissing due process claim against municipality was affirmed.
JOHN B. CLARK and THOMAS R. JULIAN - January - 2010. District Court granted summary judgment in favor of defendant ambulance company in medical malpractice action.
W. BEINVILLE SKIPPER - January - 2010. Mississippi Supreme Court reversed the Court of Appeals' award of permanent total disability and reinstated the Commission award limiting an employee's claim to benefits for a scheduled member.
WILTON V. BYARS and J. LUKE BENEDICT - January, 2010. Motion for Summary Judgment granted in favor of City of Eupora and the Eupora Police Department in a case asserting claims under the Mississippi Tort Claims Act that 911 failed to respond to calls for help.
ROY A. SMITH, JR. - October, 2010. The Circuit Court of Washington County granted summary judgment in favor of defendant pawn shop in a wrongful death action brought as a result of a suicide executed with a gun purchased at the pawn shop.
ROY A. SMITH, JR. - September, 2010. The Circuit Court of Rankin County granted defendant's motion for summary judgment in a tort claims case alleging brain injury against defendant school district.
J.WYATT HAZARD - September, 2010. District Court granted Motion to Dismiss of defendant attorney based upon application of The Rooker-Feldman doctrine.
JACKSON H. ABLES, III - June 1020. In an unreported decision favorable to the defendants, the United States Court of Appearls for the Fifth Circuit has affirmed the summary judgment earlier entered for defendants EPCO, Inc., and Raymond Toulman and the Court has denied Appellant's petition for rehearing. Clark v. EPCO, Inc., Plaintiff's wrongful death claim asserted defendants had negligently caused the rear-end collisoin that killed decendent but occurred subsequent to the overturning of defendant's tanker-trailer carrying butane. the claim was held defective on three elements: no duty owed to the decendent, no breach of a duty to the decedent, and no causation.
JOHN S. GONZALEZ - June 2010. Workers' Compensation Judge ruled Municipality not responsible to employee claiming back injury and surgery from lifting water meter lid, when the evidence showed that the claimant could not have clocked in at work, driven to the location of injury and then be evaluated within the time seen at the hospital emergency room. Moreover, Judge found claimant not credible in her testimony regarding disability thus failing to meet the burden of proof by a preponderance of the evidence.
C.MICHAEL ELLINGBURG and BRENDA BETHANY - May 2010. U.S. Fifth Circuit Court of Appeals REVERSES a District Court's order granting plaintiff's/appellee's motion for summary judgment in a breach of contract/declaratory judgement action seeking recovery of federal income taxes paid by Plaintiff which were being contested by the employee in U.S. Tax Court. Fifth Circuit further grants defendant's/appellant's request to stay the District Court proceedings pending the outcome of the defendant's/appellant's challenge to the claimed federal tax liability in U.S. Tax Court proceedings.
B. STEVENS HAZARD and JASON H. STRONG - April 2010. A defense verdict was affirmed by the Mississippi Supreme Court in a Wrongful Death action brought against a trucking company and its driver.
M. JAMES WEEMS - March 2010. United States District Court delivered a defense verdict in a warranty/negligent repair case involving the fire destruction of a farmer's cotton picker.
MICHAEL B. DICKINSON - March 2010. Jury verdict in favor of defendant in a personal injury suit arising from a motor vehicle accident in the Circuit Court of Jackson County, Mississippi.
TERRY D. LITTLE - February 2010. The District Court's grant of summary judgment dismissing due process claim against municipality was affirmed.
JOHN B. CLARK and THOMAS R. JULIAN - January - 2010. District Court granted summary judgment in favor of defendant ambulance company in medical malpractice action.
W. BEINVILLE SKIPPER - January - 2010. Mississippi Supreme Court reversed the Court of Appeals' award of permanent total disability and reinstated the Commission award limiting an employee's claim to benefits for a scheduled member.
WILTON V. BYARS and J. LUKE BENEDICT - January - 2010. Motion for Summary Judgment asserting immunity pursuant to the Mississippi Tort Claims Act was granted by the Circuit Court of Webster County.
TIMOTHY M. PEEPLES - January 2010. Summary Judgement granted by the Circuit Court of Monroe County, MS, in favor of credit union on plaintiff's claim for malicious prosecution based upon a finding that the credit union had probable cause for filing charges against former employee for embezzlement.
M. JAMES WEEMS - December - 2009. A defense verdict was obtained in a Circuit Court of Hinds County case that involved a claim against a local hotel alleging negligent security and failure to protect guests and their property.
TIMOTHY M. PEEPLES - December 2009. Summary Judgement granted by the Chancery Court of Lowndes County, MS, in favor of credit union. Although the credit union had paid certain account funds to the wrong person and was required to repay those funds, the Court held that the credit union was not liable for the account holder's claims for attorney's fees and punitive damages in connection with the efforts by the account holder to recover those funds.
LARRY D. MOFFETT, WILTON V. BYARS and SHEA S. SCOTT - November 2009. Mississippi Supreme Court reversed trial court's sanctions that were imposed on innocent parties via vicarious liability.
W.BIENVILLE SKIPPER - November 2009. The Court of Appeals affirmed the Commission's denial and dismissal of an employee's claim of a work-related back injury.
BRENDA G. LONG - November 2009 - United States District Court returned a verdict for the defense in a 1983 civil rights action in a claim for excessive force.
J. WYATT HAZARD - October 2009. Following a week-long arbitration proceeding in Washington, D.C., the Panel directed a verdict in favor of attorney on malpractice claim arising from mass tort litigation.
WILTON V. BYARS - October 2009. In a wrongful death action brought in Layfayette County, the jury returned a defense verdict finding the sole cause of the automobile accident was the decedent's negligence.
J. WYATT HAZARD - October 2009. United States District Court granted Summary Judgement in favor of attorney sued on claim of abuse of process.
EDWARD C. TAYLOR - October - 2009. Jury verdict in favor of defendant casino in a premises liability claim involvinc a slot machine filed by one of its patrons in the Circuit Court of Harrison County.
ROBERT F. STACY, JR. - October 2009. Summary Judgment granted in favor of client dismissing legal negligence claims in Circuit Court of Marshall County, Mississippi.
J. WYATT HAZARD - September 2009. Circuit Court of Washington County granted a Motion to Dismiss in favor of attorney in regard to complaint alleging slander.
EDWARD C. TAYLOR and KRISTI ROGERS BROWN - July 2009. Summary Judgment granted in favor of Defendant, in a legal malpractice action in the United States District Court for the Southern District of Mississippi.
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 national fraternity and local chapter on plaintiff's claim that he was assaulted on the premises.
WILTON V. BYARS and J. LUKE BENEDICT - July - 2009. Motion for Summary Judgment based on lack of standing granted in favor of City of Marks in a wrongful death lawsuit.
WILTON V. BYARS and J. LUKE BENEDICT - Motion for Partial Summary Judgment granted in favor of defendant trucking company regarding dismissing claim of punitive damages.
EDWARD C. TAYLOR and CHRISTOPHER MURRAY - May 2009. Won Summary Judgment for an insurer on a hurricane Katrina case involving a lender placed protection policy.
ROBERT F. STACY JR. May 2009. Circuit Court of Alcorn 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 Nortern District of Mississippi.
JOHN WAITS, March 2009 -- Summary Judgment in County Court of Lauderdale County, Mississippi. Court found that a local business owner was not liable for injuries received by an individual who had fallen on the business premises. Business owner provided 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., 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, February 2009 -- Defendant County granted Motion for Summary Judgment in United Statles District Court for the Southern District of Mississippi, Jackson Division.
ROBERT F. STACY, JR., February 2009 -- Summary Judgment 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, 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.
TERRY D. LITTLE, October 2008 -- Summary Judgment obtained for defendant City in an action alleging negligence and wrongful conviction in the County Court of Lee County, Mississippi.
ROBERT F. STACEY, JR., 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, 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, 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, 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.
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, 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.
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.
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.
BEN SKIPPER, 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.
WYATT HAZARD and JOHN WAITS – Motion to Dismiss granted in a medical device case; Harrison County Circuit Court.
TREY ARNOLD – Summary Judgment affirmed on appeal in case alleging slander and intentional infliction of emotional distress; Hinds County Circuit Court.
MICHAEL DICKINSON – Summary Judgment in favor of Defendants and Dismissal with prejudice obtained in two cases involving allegations of negligence, gross negligence, medical malpractice, fraud, and breach of fiduciary duty against a nursing home and it's licensees and administrators.
ROY SMITH and TARA CLIFFORD – Obtained a Summary Judgment in a products liability case; Rankin County Circuit Court.
NICKY BRUMBELOE – Summary Judgment Granted in case alleging lender liability; Jackson County Circuit Court.
ROY SMITH – Motion for Summary Judgment granted in a premises liability case; Jasper County Circuit Court
ROY SMITH – Judgment of Dismissal With Prejudice granted at trial of an insurance agent; Lamar County Circuit Court
JOHN S. GONZALEZ – Affirmance from the Mississippi Workers' Compensation Commission sustaining Administrative Judge Order awarding only seven months of temporary disability benefits for aggravation of pre-existing back condition and denying claimant's claim against Casino employer for permanent and total disability and claim that the employer was responsible for cost of back fusion and related medical expenses
TREY BYARS – Motion for Summary Judgment granted in a wrongful death case on behalf of property owner who owned a building in which an independent contractor was killed after falling through a sky-light; United States District Court for the Northern District of Mississippi
TERRY LITTLE – Motion to Dismiss granted in favor of a municipality against an insurance company; Pontotoc County Circuit Court
GEORGE ABDO – Motion to Dismiss granted dismissing case in a matter involving corporal punishment filed as a § 1983 claim; United States District Court for the Northern District of Mississippi
MITCHELL DRISKELL, IIII – Motion for Summary Judgment granted in a case alleging bad faith breach of an automobile sales contract; Lee County Chancery Court
MITCHELL DRISKELL, III – Motion for Summary Judgment granted in a breach of contract, breach of warranty and fraud case against a car dealership arising out of the sale of a used car. Lee County Chancery
TREY BYARS – Motion for Summary Judgment granted in favor of a school district in a Title IX action; United States District Court for the Northern District of Mississippi
TREY BYARS – Motion for Summary Judgment granted on behalf of school district in a wrongful death case involving an automobile/pedestrian accident; Tate County Circuit Court
TIM PEEPLES – Motion for Summary Judgment granted on behalf of insurer in uninsured motorist insurance case
GEORGE ABDO – Motion for summary judgment granted in defamation case; Wayne County Circuit Court
ED TAYLOR – Directed verdict in a bad faith case affirmed; Mississippi Court of Appeals
JOHN GONZALEZ – Affirmance from the Mississippi Workers' Compensation Commission of an administrative judge's ruling that a group self-insured casino was not responsible to claimant for indemnity or medical benefits
TREY BYARS AND TIM PEEPLES – Motion for summary judgment affirmed on appeal in case involving a personal injury that occurred at a farming operation; Mississippi Supreme Court
SILAS MCCHAREN – Summary judgment granted in a state law based tort action arising out of Longshore and Harbor Workers' Compensation Act; Jackson County Circuit Court
ROBERT STACY AND TIM PEEPLES – Motion to dismiss or, in the Alternative, motion for summary judgment granted on behalf of insurance company sued for storage/towing fees following a motor vehicle accident caused by company's insured; County Court of Lowndes County
TREY BYARS – Jury verdict affirmed in case involving automobile accident in which the Plaintiff had asked the jury for $4,000,000 but jury returned verdict of $8,400; Mississippi Court of Appeals
MICHAEL DICKINSON – Summary judgment entered in favor of Defendant in premises liability matter; United States District Court for the Southern District of Mississippi
MIKE ELLINBURG and BRENDA BETHANY – Successful prosecution of arbitration against three subcontractors on behalf of a general contractor for contractual indemnity; American Arbitration Association
GEORGE ABDO – Summary Judgment entered in a Mississippi Tort Claims Act case against a county school system and school officials; Lauderdale County Circuit Court
TIM PEEPLES – Summary judgment obtained in a lawsuit for uninsured motorist benefits; Bolivar County Circuit Court
JOHN CLARK – Summary judgment obtained dismissing attorney malpractice action; Kemper County Circuit Court
GEORGE ABDO – Motion for summary judgment granted in a wrongful death case against an electric company sued for its construction of a new power line; Amite County Circuit Court
JOHN CLARK – Jury verdict in favor of client in action involving Federal Wire Act and Mississippi torts of conversion and abuse of process; United States Court of Appeals for the Fifth Circuit
TERRY LITTLE – Motion for summary judgment granted in premises liability case; Circuit Court of Noxubee County
ROBERT STACY and TERRY LITTLE – Defense verdict upheld in jury trial by Mississippi Court of Appeals in premise liability case; Lee County Circuit Court
GEORGE ABDO and TOM JULIAN – Motion for summary judgment granted in personal injury case arising from accident in construction zone on Interstate 55; Madison County Circuit Court
ROBERT ADDISON and JOHN WAITS – Motion to dismiss Complaint for failure to comply with the sixty day notice requirement upheld by the Mississippi Supreme Court in a medical malpractice case
GEORGE ABDO – Summary Judgment granted in a defamation case; Wayne County Circuit Court
JIM WEEMS and TARA CLIFFORD – Summary Judgment obtained in premises liability case involving a shooting at a hotel; Hinds County Circuit Court
TREY BRYARS and SHEA SCOTT – Motion for Summary Judgment granted in a Section 1983 case where plaintiff was a bail bondsman who alleged that county violated his rights to due process and free speech; United States District Court for the Northern District of Mississippi
ED TAYLOR – Summary judgment granted in a case against a defendant who owned a local mall parking lot where a plaintiff was assaulted by a third-party; Jackson County Circuit Court
STEVE HAZARD – Defense verdict after one week trial defending corporate client whose driver had been involved in automobile accident; Jasper County Circuit Court
ED TAYLOR – Obtained summary judgment in a case involving a claim by the plaintiff that she was assaulted at the defendant's residence by the defendant's estranged boyfriend; Harrison County Circuit Court
TERRY LITTLE – Defense verdict obtained after a three day jury trial in case arising out of a 14th Amendment Due Process claim against a school district; United States District Court, Northern District of Mississippi
ED TAYLOR – In a case of first impression, declaratory judgment obtained on behalf of an insurance carrier who had provided homeowner's coverage to the defendant who had been sued for "alienation of affection," i.e., interfering with the plaintiff's marital relationship with his wife in which the court found that as a matter of law that an insurance carrier that issued a homeowner's policy in Mississippi had no duty to defend or indemnify alienation of affection claims; Harrison County Circuit Court
MICHAEL DICKINSON – Motion for summary judgment granted in property damage case arising from automobile accident; George County Circuit Court
ROBERT ADDISON and JASON STRONG – Successful appeal from the Circuit Court of Hinds County in a case involving complex issues regarding venue; Mississippi Supreme Court
JOHN GONZALEZ – Favorable ruling in an appeal brought by a claimant who was denied benefits by the administrative judge; Mississippi Workers' Compensation Commission
JIM WEEMS – Motion for summary judgment granted in a wrongful death case brought against a concrete distributor; Hinds County Circuit Court
JOHN CLARK – Motion to dismiss appeal granted; United States Court of Appeals for the Fifth Circuit
ROY SMITH and JIM WEEMS – Summary judgment upheld by Mississippi Court of Appeals in premises liability case; Hinds County Circuit Court
JOHN CLARK – Post-trial motions denied in case in which Mr. Clark and Ms. Smith obtained defense verdict; United States District Court for the Southern District of Mississippi
TREY BYARS and TERRY LITTLE – Summary judgment affirmed by Mississippi Court of Appeals in wrongful death case filed against a municipality; Circuit Court of Leflore County
STEVE HAZARD – Motion successfully opposed for rehearing in a wrongful death case in which Mr. Hazard prevailed on initial appeal; Mississippi Court of Appeals
JOHN CLARK and TOM JULIAN – Summary judgment granted on behalf of Maryland Casualty Insurance Company in a declaratory judgment action involving intentional acts exclusion and related coverage exclusions in a CGL policy; United States District Court for the Southern District of Mississippi, Eastern Division
JOHN CLARK – Defense verdict obtained in a 9-day jury trial for a legal malpractice claim; United States District Court for the Southern District of Mississippi
SHEA SCOTT – Defense verdict obtained in a 7-day jury trial for a product liability claim; United States District Court for the Northern District of Mississippi
BRENDA LONG – Motion to dismiss granted in an underinsured motorist claim; Hancock County
JACK ABLES – Obtained a stipulated judgment of dismissal with prejudice in waste water treatment plant design/product liability case; Choctaw Tribal Court
BRENDA LONG – Recovered attorney's fees and costs for client after successfully litigating a coverage issue; Harrison County
JACK ABLES – Motion to dismiss granted in a mass tort action involving a combination of multiple claims; Oktibbeha County
SILAS MCCHAREN – Summary judgment granted in an easement damage claim filed by various landowners; United States District Court for the Southern District of Mississippi
JIM WEEMS – Summary judgment granted in food poisoning case against national fast food chain; Hinds County
ROY SMITH and TARA CLIFFORD – Defense verdict obtained in jury trial on
slander accusations affirmed by Mississippi Court of Appeals; Warren County
SILAS MCCHAREN – Motion to strike granted by 5th Circuit dismissing the
plaintiff's appeal; United States District Court for the Southern District
of Mississippi
JACK ABLES – Motion to dismiss a third party demand for indemnification
granted in a product liability case; Panola County
MICHAEL ELLINGBURG – Declaratory judgment on policy coverage issue obtained after appeal in federal court; 5th Circuit Court of Appeals; appealed from Southern District of Mississippi
BIENVILLE SKIPPER – On case of first impression, Mississippi Supreme Court sided with the defense in ruling that the "made whole" doctrine does not apply to workers' compensation carrier's statutory subrogation lien; Mississippi Supreme Court; appealed from Smith County
MITCHELL DRISKELL, III – Defense verdict obtained in bench trial on Tort Claims Act cause of action against the city; Pontotoc County
TREY BYARS – Directed verdict upheld in malicious prosecution and defamation case; Mississippi Court of Appeals; appealed from Tunica County
STEVE HAZARD – Summary judgment granted and affirmed in wrongful death case under the Mississippi Tort Claims Act; affirmed by Mississippi Court of Appeals; granted by Rankin County Circuit Court
ROBERT ADDISON and JOHN WAITS – Summary judgment granted and affirmed in medical malpractice claim; affirmed by Mississippi Court of Appeals; granted by Hinds County Circuit Court
ROBERT ADDISON and JOHN WAITS – Summary judgment granted and affirmed in product liability action; affirmed by Mississippi Court of Appeals; granted by Hinds County Circuit Court
GEORGE ABDO – Defense verdict in jury trial of a slip and fall case in Federal Court; United States District Court for Southern District of Mississippi
GEORGE ABDO – Defense verdict in bench trial of property damage and trespass case against insured; Sunflower County
SILAS MCCHAREN – Motion to dismiss granted in "bad faith" action against insurer; Jackson County
SILAS MCCHAREN – Motion to dismiss granted in age discrimination case; United States District Court for Southern District of Mississippi
SILAS MCCHAREN – Summary judgment granted in employment discrimination case; United State District Court for Southern District of Mississippi
TREY BYARS and TIMOTHY PEEPLES – Obtained dismissal of plaintiff's federal lawsuit after oral argument based on res judicata in front of 5th Circuit Court of Appeals; United States District Court of Northern District of Mississippi
GEORGE READ – After full hearing on the merits, the judge denied the workers' compensation claim based on no compensable injury; Monroe County
GEORGE READ – Denial of permanent benefits filed by claimant was affirmed by Workers' Compensation Commission after appeal
ROBERT STACY – Defense verdict in jury trial with two defendants in premises liability action involving an assault; Marshall County
TREY BYARS – Directed verdict granted in favor of defense; Bolivar County
ROBERT STACY and TIMOTHY PEEPLES – Defense verdict obtained in jury trial of a premises liability case; Marshall County
ROBERT STACY and TIMOTHY PEEPLES – Defense verdict obtained in case involving wrongful death and policy coverage issues; Lee County
MIKE DICKINSON – Dismissal obtained of a premises liability claim; Harrison County
