Cases
Representative Matters: Cavalier Home Builders v. Baughman, 126 So.3d 899 (Miss. Ct. App. 2012), cert. dismissed 2013 Miss. LEXIS 626 (Miss. Dec. 5, 2013), Hancock County Circuit Court entered jury verdict for plaintiffs on claim that mobile home they purchased was defective. We obtained reversal of jury verdict because plaintiffs failed to prove elements of products-liability
contract claims,
they failed to prove any agency relationship.
Mollaghan v. Varnell, 105 So.3d 291 (Miss. 2012), Forrest County Circuit Court entered jury verdict for plaintiff for alleged sexual harassment. We obtained reversal of jury verdict because plaintiff failed to prove elements of sexual harassment. We obtained affirmance of trial court's JNOV on plaintiffs' claims for gender discrimination, retaliation,
due process.
Collins v. Flash Lube Oil, Inc., 518 Fed. Appx. 298 (5th Cir. Miss. 2013) (unpublished), U.S. District Court for Southern District of Mississippi granted us summary judgment on plaintiff's premises-liability claim. We obtained affirmance of summary judgment because plaintiff was licensee,
he failed to present any evidence that premises owner willfully or wantonly injured him.
Heflin v. Merrill, 154 So.3d 857 (Miss. 2014), rehearing denied 2015 Miss. LEXIS 55 (Miss. Jan. 29, 2015),Harrison County Circuit Court excluded all evidence
reference to plaintiff's uninsured motorist carrier at trial. We obtained affirmance of exclusion because liability was admitted,
excluded information was not relevant to sole issue of amount of plaintiff's damages.
Jack v. Dollar Gen. Corp., 2015 U.S. Dist. LEXIS 122665 (S.D. Miss. Sept. 15, 2015), U.S. District Court for Southern District of Mississippi granted us dismissal of plaintiff's claims for libel, defamation, false arrest, false imprisonment, abuse of process, intentional infliction of emotional distress, because all claims were barred by statute of limitations.
Strickl
v. Estate of Broome, 179 So.3d 1088 (Miss. 2015), Lamar County Chancery Court denied our probate claims, based on res judicata,
denied our request to conduct discovery. We obtained reversal
rem
because our probate claims are not barred by res judicata or collateral estoppel.
E.C. v. Saraco, 628 Fed. Appx. 274 (5th Cir. 2016) (unpublished), U.S. District Court for Southern District of Mississippi granted us summary judgment on plaintiff's dog-bit claim. We obtained affirmance of summary judgment because plaintiff did not present sufficient evidence that dog had previously exhibited any vicious or dangerous propensity.
Thrash v. Deutsch Kerrigan & Stiles, LLP, 183 So.3d 838 (Miss. 2016), Harrison County Circuit Court granted us summary judgment on plaintiff's claims for damages from improper foreclosure sale. We obtained affirmance of summary judgment because trustee owed no duty to
had no fiduciary relationship with purchasers at foreclosure sale.
Brown v. Subway S
wich Shop of Laurel, 2016 U.S. Dist. LEXIS 76526 (S.D. Miss. June 13, 2016), U.S. District Court for Southern District of Mississippi granted us summary judgment on plaintiff's claim for gender discrimination, because sexual orientation is not protected under Title VII.
Blackston v. George County, 102 So.3d 1182 (Miss. Ct. App. 2012), cert. denied 102 So.3d 272 (Miss. 2012), George County Circuit Court entered bench verdict for us on plaintiff's negligence claim based on county leaving mound of dirt on roadway. We obtained affirmance of verdict because county was immune from suit because mound of dirt was open
obvious.