Justia Civil Procedure Opinion Summaries

In the year leading up to the Mississippi Legislature’s statutory creation of a lottery, Jonathan Carr registered more than fifty domain names with some iteration of the name Mississippi Lottery. The newly created Mississippi Lottery Corporation accused Carr of cybersquatting. Carr countered with a claim of reverse domain-name hijacking, asserting the Lottery had violated his ownership rights to the domain names, which he contended he registered in good faith to promote his religious opposition to gambling and to provide resources to those with gambling addictions. Carr and the Lottery filed competing motions for preliminary injunction aimed at gaining the right to five domain names; the trial court granted the Lottery's motion, issuing a permanent injunction against Carr, and ordering that he immediately transfer the five domain names to the Lottery. Carr appealed, arguing the Lottery failed to prove he committed cybersquatting. But the Mississippi Supreme Court concluded it could not address the merits of Carr’s claim because the order Carr appealed was not final and thus not appealable. View "Carr v. Mississippi Lottery Corporation" on Justia Law

In 2018, Curtis Curry sent an application for compensation to the Victim Compensation Division of the Mississippi Attorney General’s Office. Curry’s claim arose from an aggravated assault that occurred on December 29, 2016, in Clarksdale, Mississippi. While Curry was in his home, two individuals entered his home, assaulted him at gunpoint, and stole $517. Curry was taken to a hospital via ambulance. After reviewing his petition, the Victim Compensation Division denied his claim on the ground that Curry was under the actual or constructive supervision of the Department of Corrections at the time of the assault, contrary to the requirements for compensation under Mississippi Code Section 99-41-17(1)(j) (Rev. 2020). Curry requested a contested hearing to dispute the Victim Compensation Division’s decision. At that hearing, Curry admitted he was on probation with the Mississippi Department of Corrections as of December 29, 2016, but assailed the constitutionality of Mississippi Code Section 99-41-17(1)(j) on the grounds that it was ambiguous and offensive to his rights under the Fourteenth Amendment to the United States Constitution. A hearing officer of the Victim Compensation Division entered an order denying Curry's application for compensation. Curry appealed a circuit court order dismissing his appeal for lack of appellate jurisdiction. Curry argued the circuit court erred by determining it lacked jurisdiction due to his failure to file a cost bond as required by Mississippi Code Section 99-41-13(a) (Rev. 2020). In examining the case de novo, the Mississippi Supreme Court found the circuit court was correct to hold it lacked jurisdiction. Accordingly, judgment was affirmed. View "Curry v. The Victim Compensation Division" on Justia Law

In 2018, the State of Mississippi filed a complaint against Navient Corporation and Navient Solutions, LLC (together, “Navient”), alleging that Navient’s origination of high-cost, subprime loans and predatory practices while servicing student-loan borrowers in Mississippi violated the Mississippi Consumer Protections Act. Navient moved to dismiss on two grounds: failure to state a claim and lack of venue. In 2019, the chancery court denied Navient’s motion; Navient timely petitioned the Mississippi Supreme Court for an interlocutory appeal, arguing that federal law preempted the State’s servicing claims and that injunctive relief under the Act did not apply because the alleged loan-origination misconduct ceased and could not recur. To this the Supreme Court disagreed and affirmed the trial court. View "Navient Corporation v. Mississippi ex rel. Fitch, Attorney General" on Justia Law

Sherry Williams sued the City of Batesville, Mississippi for negligence in maintaining its sewer system after her home and property were flooded by raw sewage. The circuit court granted the City’s summary-judgment motion, finding the City immune from suit. After review, the Mississippi Supreme Court determined that because Williams could possibly prove a set of facts under the MTCA for actions by the City that were not exempt from immunity, therefore the circuit court erred in dismissing the claims of basic negligence. Furthermore, the Court held the trial court erred by granting judgment in favor of the City as to the Williams' inverse-condemnation claim. The matter was remanded for further proceedings. View "Williams v. City of Batesville" on Justia Law

The City of Biloxi (City), the Secretary of State on behalf of the State of Mississippi (State), and the Board of Trustees of the State Institutes of Higher Learning (IHL) settled an ownership dispute over coastal property leased to a casino, and agreed how to divide the annual casino rent. Seventeen years later, the City asked the chancery court to declare that it could adjust for inflation its base amount of rent received before divvying up its rent with the State and the IHL. But the City’s only support of its new inflation-adjustment claim was the three public entities’ lease with the casino. While the casino lease required the minimum amount of rent owed be adjusted for inflation every five years, the casino lease did not govern how the City, the State, and the IHL were to divide the rent. Instead, the manner in which rent was divided is governed solely by the settlement agreement. And the settlement agreement was silent with respect to an inflation adjustment. The Mississippi Supreme Court found, however, the agreement was clear: the City received a specific sum, and any rent in excess of that exact amount had to be shared with the State and the IHL. View "In the Matter of The Stewardship of the Public Trust Tidelands" on Justia Law

This case arose from a two-car accident in Mississippi in which a Hyundai Excel was traveling southbound at a closing speed of 68 to 78 mph and, for reasons unknown, crossed the center line into the oncoming lane of traffic, striking a Lincoln Continental passenger car traveling northbound. None of the three Excel occupants survived the collision. This case made it to the Mississippi Supreme Court after an earlier appeal and remand for a new trial. During the remand proceedings, multiple discovery disputes ensued before the trial court ultimately held two 606(b) hearings on October 30, 2018, and January 23, 2019 (nearly four years after the trial court’s original denial of relief). The trial court expressly found that one of Applewhite’s counsel, Dennis Sweet, III, misrepresented his relationship with a witness, Carey Sparks, during the April 2015 hearing. It was not until a January 25, 2018 hearing, that Sweet admitted that he had paid Sparks to perform services during the Applewhite trial. This admission was made only after documents evidencing multiple payments to Sparks by Sweet surfaced in the discovery ordered by the Supreme Court. During discovery, multiple witnesses, including six attorneys, testified that Sparks stated that he had knowledge of discussions of the jurors during the trial. Following the 606(b) hearings, the trial court issued a one-paragraph order, finding that the posttrial testimony of the jurors offered no evidence supporting Defendants’ allegations. Reviewing the trial court proceedings, the Mississippi Supreme Court concluded "a fair and impartial trial was not had." The Court found "overwhelming evidence of actual impropriety, which destroys any confidence in the jury verdict. The facts developed in this record threaten the public’s confidence in our system of justice. We find that this case is permeated by actual deception upon the trial court, which led to Plaintiffs’ obtaining a favorable ruling. Such improper acts of misconduct leave a indelible stain on these proceedings. We are loathe to overturn jury verdicts, yet justice dictates a reversal and a retrial, unencumbered by extraneous assaults on our justice system. We considered the ultimate sanction of dismissal of this case with prejudice. We decline to impose such a severe sanction, for no evidence suggests that any Plaintiff employed Sparks or had knowledge of Sparks’s actions. But the judgment must be reversed." This case was remanded for a new trial. View "Hyundai Motor America, et al. v. Applewhite, et al." on Justia Law

In 2017, Plaintiffs filed suit against the Defendants. Between 2002 and 2005, Plaintiffs (all retirees from BellSouth) rolled most of their retirement assets over to Steven Savell, their financial advisor at Morgan Keegan. Savell assured Plaintiffs “he would invest [their] money in a way that would provide [them] with income for the remainder of [their] life and that [their] principal would grow over time.” Savell remained in control of these accounts until 2013. During the years Savell handled these accounts, the Plaintiffs continually sustained sizeable losses. Plaintiffs claimed that Savell improperly recommended that they invest in two unsuitable penny stocks and then marked the purchases “unsolicited” so as to prevent detection by the brokerage firm’s policy against soliciting such stock. Plaintiffs also alleged that Savell purchased for them certain annuities designed to be held for the long term, which Savell had them cash out early in order to purchase new annuities that would pay him and Morgan Keegan and/or Raymond James large commissions. The trial court granted summary judgment in favor of Defendants, finding that all of the Plaintiffs’ claims were time-barred. The Court of Appeals reversed with respect to the Plaintiffs’ common-law claims, finding that a genuine issue of material fact existed as to when Plaintiffs learned or through reasonable diligence should have learned of Defendants’ alleged malfeasance. The Mississippi Supreme Court granted certiorari on Defendants’ claim that the Court of Appeals misapplied the latent-injury discovery-rule exception to the catch-all three-year limitations period provided by Mississippi Code Section 15-1-49 (Rev. 2019). Because the Supreme Court found no genuine issue of material fact existed as to whether Plaintiffs’ common-law claims were time barred, it reversed the Court of Appeals’ decision and reinstated the trial court’s judgment. View "Baker v. Raymond James & Associates Inc." on Justia Law

James Fannings had his former attorney served with a handwritten summons that deviated from requirements set out in the Mississippi Rules of Civil Procedure. At issue was whether the summons substantially complied with Rule 4(b). The Mississippi Supreme Court was satisfied that the circuit court should have dismissed the complaint because the summons failed to substantially comply with the form required by Rule 4(b) of the Mississippi Rules of Civil Procedure. Thus, the Court reversed the circuit court’s denial of the motion to dismiss and remanded the case for the trial court to enter an order dismissing the complaint. View "Webster v. Fannings" on Justia Law

Linda Battise was the mother of Joseph Aucoin, deceased. Joseph and Sheila Aucoin were married and had two daughters. After Joseph’s death, Sheila began restricting Linda’s visitation with the children because Linda was not abiding by Sheila’s parental decisions. Through counsel, Linda petitioned for grandparent visitation. The chancellor encouraged the parties to confer because Sheila made some statements showing that they could come to a visitation agreement without court involvement. Linda and Sheila reached an agreement; however, the chancellor declined to sign the agreed order. The chancellor advised Sheila to retain an attorney because she did not believe that Sheila fully understood the implications of the agreement. Furthermore, the chancellor told Sheila that she was entitled to attorney’s fees. Shiela hired an attorney, and filed a motion to dismiss or stay proceedings until fees were paid in advance. The chancellor denied Linda’s motion to recuse, and ordered Linda to pay $3,500 to Sheila for attorney’s fees within thirty days or else she could not proceed with her case. Linda appealed, arguing that: (1) the chancellor erred by requiring her to prepay attorney’s fees to Sheila before Linda’s case could be heard; (2) the chancellor erred by not entering a final judgment; and (3) the chancellor erred by not recusing. After review, the Mississippi Supreme Court affirmed the chancellor's denial of the motion to recuse. The Court reversed the prepayment order, and remanded for further proceedings on the merits. View "Battise v. Aucoin" on Justia Law

This interlocutory appeal stemmed from a trial judge granting partial summary judgment, dismissing a claim of malicious prosecution. Richard and Victoria Wilbourn were in a longstanding domestic matter. Victoria accused Richard of misconduct towards their children, but the chancellor determined that the accusations were unfounded. Victoria went to the Ridgeland Police Department for help and filed an eight-page report against Richard, restating his alleged misconduct. The Ridgeland Police Department followed protocol, investigated, and referred the case to the district attorney’s office. The case was presented to a grand jury; the grand jury returned no bill. Notably, Richard was never charged, indicted, or arrested in connection with the investigation, and Victoria did not swear an affidavit against him. In the summer of 2016, Richard discovered the investigation and grand jury presentment and responded by filing suit, claiming malicious prosecution, intentional infliction of emotional distress, and negligent infliction of emotional distress. In response, Victoria moved for summary judgment. And after a hearing, the trial judge granted partial summary judgment, dismissing Richard’s claim of malicious prosecution but retaining the others. Definitively, the trial judge found that “no criminal proceedings were instituted and therefore [Richard] cannot satisfy the first element of his claim.” With no arrest or indictment, or Richard otherwise being subjected to oppressive litigation of criminal charges for the report that Victoria gave to the Ridgeland Police Department, the Mississippi Supreme Court concluded the trial court did not err in dismissing Richard's malicious-prosecution claim. The matter was remanded for further proceedings. View "Wilbourn v. Wilbourn" on Justia Law