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Contractual Waivers of Punitive Damages are Enforceable Under Mississippi Law (at Least Sometimes)

In 4-Way Electric Services, LLC v. Huntcole, LLC, __ So.3d __, 2023 WL 4114332 (Miss. June 22, 2023), the Mississippi Supreme Court considered a dispute between the sellers and buyer of a business that refurbishes electric...more

Snap Back – Snap Removals Must Have Complete Diversity or Face Remand

The Fifth Circuit Court of Appeals recently addressed so-called “Snap Removals” in the case of In re Levy, 52 F.4th 244, 245 (5th Cir. 2022). In Levy, the plaintiff, Calvin Levy, petitioned the Fifth Circuit for a writ of...more

Set Reset – Fifth Circuit Joins the Eleventh – Arbitration Rights Can Revive

In every jurisdiction in the country, the general rule is that a party to litigation waives arbitration rights by “substantially invok[ing] the judicial process to the detriment or prejudice of the other party.”  Subway...more

Mississippi Executive Orders, the MEML and COVID-19: What the Governor May Do and Why

The public, at least in the Gulf South, is used to hearing terms such as “executive order” and “state of emergency.” Yet what do those terms mean, where do they come from and why do they matter? As the COVID-19 pandemic...more

The Emergency Management Assistance Compact – More Important Now Than Ever

Many Americans have heard of the Stafford Act, 42 U.S.C. § 5121, et seq., which empowers the federal government to provide states certain types of monetary and non-monetary assistance, in instances of declared emergency. ...more

Logic and the Repo Man: SCOTUS holds that nonjudicial foreclosure firms are not “debt collectors” under the FDCPA

On March 20, 2019, the U.S. Supreme Court resolved a circuit split over whether businesses engaged only in nonjudicial foreclosures—a business principally involved in the enforcement of security interests—is a “debt...more

You Can Drive Past a Chevron, but No Longer Have to Pull In

Over twenty years ago, the Supreme Court of the United States adopted the so-called Chevron Deference Doctrine in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843 (1984). The Chevron Doctrine...more

Escobar in Action – Materiality is a Tall Hurdle to Clear

In the recent Third Circuit decision United States of America, ex rel. Gerasimos Petratos, et al. v. Genentech Inc; et al., No. 15-3805, 2017 WL 1541919 (3d Cir. May 1, 2017), the Third Circuit addressed a “false...more

Everyone Must Get Sued – Really?

In his famous August 13, 1987 opinion granting summary judgment in W.B. Crain v. Cleveland Lodge 1532, Order of Moose, Inc.; in the Circuit Court of Bolivar County, Mississippi, Second Judicial District; No. 7887,...more

Encouraging Creative and Innovative Thinking to Achieve Results for Clients

As attorneys, non-attorney professionals and staff, we ultimately all have the same objective: by ethical means, achieve the best outcome for our clients, through hard work, creative thinking and dedication. The best outcome...more

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