News & Analysis as of

MS Supreme Court

Ogletree, Deakins, Nash, Smoak & Stewart,...

Update on Missouri’s Proposition A: Status of Earned Paid Sick Time Law

Employers must provide notice of Missouri’s new earned paid sick time (PST) requirements no later than April 15, 2025—ahead of the May 1, 2025, effective date of the state’s new PST law, or Proposition A, passed by voters in...more

Butler Snow LLP

MS Supreme Court Allows Equitable Remedies Notwithstanding Statute of Frauds, Overruling Prior Precedent

Butler Snow LLP on

Mississippi has multiple statutes of frauds, which require certain contracts be in a writing signed by the party to be charged in order to be enforceable. A frequently seen example is a contract for the sale of land. In...more

White and Williams LLP

What a Difference a Day Makes: Mississippi’s Discovery Rule

White and Williams LLP on

The discovery rule applies to latent injuries, such that the statute of limitations does not begin to run until the plaintiff knows of or should have known of the injury. In Western World Ins. Group v. KC Welding, LLC, No....more

Butler Snow LLP

Mississippi Supreme Court Affirms Creation of New Inferior Court System for Capitol Complex Improvement District

Butler Snow LLP on

On September 21, 2023, the Mississippi Supreme Court upheld the constitutionality of 2023 House Bill 1020, which created a new inferior court system. This new court system will operate similar to a municipal court and...more

Balch & Bingham LLP

Medical Cannabis in Mississippi: A New Year, A New Regulated Industry

Balch & Bingham LLP on

The new year has kicked off with the long-awaited start of medical cannabis sales in Mississippi. The first legal sales of medical cannabis to qualifying patients have taken place. With licenses issued and medical cannabis...more

Butler Snow LLP

Lien Claims And The All-Important Lis Pendens

Butler Snow LLP on

There are specific statutory rules governing liens. In Mississippi, for example, construction liens must be filed within 90 days of when work was last performed or labor, material, or services were provided. Then, a payment...more

Adams & Reese

The Exhaustion of Administrative Remedies Defense Takes Another Hit

Adams & Reese on

The Supreme Court of Mississippi recently held in Tiger Production Company, LLC v. Pace, 2021-IA-00315-SCT, 2022 WL 11555295 (October 20, 2022) that surface owners are not necessarily required to exhaust administrative...more

Bradley Arant Boult Cummings LLP

Bradley Helps Hyundai Motor Company Secure Reversal of $2.2 Million Jury Verdict in Mississippi Rollover Case

On Thursday, September 16, the Mississippi Supreme Court reversed a $2.2 million jury verdict against Hyundai Motor Company and rendered a judgment for Hyundai, after finding that a significant number of jurors had been...more

Baker Donelson

Mississippi Amends Rules of Professional Conduct to Require In-House Counsel Registration for Those Not Licensed in Mississippi

Baker Donelson on

On June 18, 2021, the Supreme Court of Mississippi amended Rule 5.5 of the Mississippi Rules of Professional Conduct (MRPC) with an effective date of July 1, 2021. Rule 5.5(d) of MRPC, as amended, requires attorneys that are...more

Jackson Lewis P.C.

Loss Of Congressional District Dooms Mississippi’s Medical Marijuana Initiative

Jackson Lewis P.C. on

The Mississippi Supreme Court held on May 14, 2021 that a citizen initiative to legalize medical marijuana violated the Mississippi Constitution. The decision turned on the loss of a congressional district due to the 2000...more

Bradley Arant Boult Cummings LLP

Update on Medical Marijuana in Mississippi: COURT VOIDS INITIATIVE 65

The Mississippi Medical Marijuana program will not go forward – at least not at this time. On Friday, the Mississippi Supreme Court handed down its decision in the City of Madison’s challenge to Initiative 65, Mary Hawkins...more

Bradley Arant Boult Cummings LLP

A New Day for Arbitration in Mississippi?

The Mississippi Supreme Court’s decision in Carrick v. Turner ex rel. Walley has the potential to expand arbitration in Mississippi. The case announces a standard for evaluating the validity of arbitration clauses that is...more

Bradley Arant Boult Cummings LLP

Mississippi Joins the Anti-Preemption Parade

The Mississippi Supreme Court recently rejected federal preemption arguments relating to federally owned student loans. This follows other preemption rulings, as we’ve discussed here and here. Mississippi’s attorney...more

Butler Snow LLP

Department of Health Releases Draft Advertising and Tracking Regulations

Butler Snow LLP on

WHAT HAPPENED. On April 16, 2021, the Mississippi State Department of Health published in draft form Regulations for Advertising and Marketing Medical Marijuana and Regulations for Labelling, Packaging and Tracking...more

Bradley Arant Boult Cummings LLP

Update on Medical Marijuana in Mississippi: INITIATIVE 65 CHALLENGE UNDER JUDICIAL ADVISEMENT

Yesterday, the Mississippi Supreme Court held oral argument in the City of Madison’s challenge to Initiative 65, Mary Hawkins Butler v. Michael Watson, 2020-IA-01199-SCT. Madison Mayor Mary Hawkins Butler asked the court to...more

Butler Snow LLP

Supreme Court Entertains Oral Argument on Constitutionality of Mississippi Medical Marijuana Program and the Initiative Process

Butler Snow LLP on

On April 14, 2021, the Mississippi Supreme Court heard oral arguments concerning a lawsuit brought challenging the constitutionality of Initiative 65, the measure adopted by state voters in November of 2020, amending the...more

Butler Snow LLP

Legislature Adjourns Without Enacting Alternative Medical Marijuana Program, Department of Health Releases Draft Testing...

Butler Snow LLP on

On March 30, 2021, the Mississippi State Department of Health published in draft form Regulations for Independent Medical Marijuana Testing Facilities.  Just a few days later, on April 4, the Mississippi Legislature adjourned...more

Bradley Arant Boult Cummings LLP

Financial Negligence Claim Reversed in Mississippi Supreme Court

In Gloria Baker, et al. v. Raymond James & Associates Inc., et al., the Mississippi Supreme Court on March 4 reinstated a trial court ruling that Mississippi’s latent-injury discovery-rule exception to the catch-all,...more

Bradley Arant Boult Cummings LLP

Medical Marijuana and the Construction Industry: Effective Drug Testing Policy and Compliance

Last year, Mississippians voted overwhelmingly to approve Initiative 65 and legalize medical marijuana. While the fate of the initiative is currently in limbo — until the Mississippi Supreme Court decides its fate — it seems...more

Carlton Fields

Supreme Court of Mississippi Enforces Arbitration Agreement

Carlton Fields on

The Supreme Court of Mississippi has reversed and remanded a trial court’s refusal to enforce an arbitration agreement after rejecting the plaintiff’s arguments against arbitration. The Court also instructed the trial court...more

Eversheds Sutherland (US) LLP

Mississippi Supreme Court doubles down denying deference to DOR regulation

The Mississippi Supreme Court held that a state chancery court erred in deferring to the Mississippi Department of Revenue (Department) and Mississippi Gaming Commission’s (Commission) regulatory interpretation of a...more

Pillsbury - SeeSalt Blog

Mississippi Supreme Court Holds Tolling Provision Applies to Department, Not Taxpayers

The Mississippi Supreme Court rejected a taxpayer’s corporate income tax refund claim as untimely, holding that the timely issuance of a notice of examination and commencement of an examination tolled the statute of...more

Burr & Forman

Mississippi Supreme Court Denies COVID-19 Relief Reasoning Lack of Constitutional Authority

Burr & Forman on

On April 30, 2020, the Supreme Court of Mississippi entered two Orders denying relief for certain individuals that have been impacted by the ongoing Coronavirus pandemic (“COVID-19”) reasoning lack of constitutional...more

White and Williams LLP

Mississippi Supreme Court Applies AIA Subrogation Waiver to Non-Work Property Damage

White and Williams LLP on

In Liberty Mutual Fire Ins. Co. v. Fowlkes Plumbing., L.L.C., No. 2019-FC-10285-SCT, 2020 Miss. LEXIS 44, the Supreme Court of Mississippi considered whether the subrogation waiver in the General Conditions of the...more

Buchalter

Contractor’s Alleged Licensing Violation Raises Due Process Concerns in Mississippi

Buchalter on

Contractor licensing violations raise serious concerns for all parties. For an owner, an unlicensed contractor may affect financing options on one end and the contractor’s entitlement to recover profits on the other end....more

43 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide