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   State Courts - Mississippi - February 22, 2007

  
Covenant Health Rehab of Picayune, L.P. v. Brown, NO. 2005-CA-02220-SCT, SUPREME COURT OF MISSISSIPPI, February 22, 2007, Filed
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Overview: Agreement between nursing home and decedent was not procedurally unconscionable as daughter had authority to bind decedent, Miss. Code Ann. § 41-41-211. Certain clauses were struck. Three provisions were not unconscionable and denial of home's motion to compel arbitration was error; remainder of contract was enforced, Miss. Code Ann. § 75-2-302.

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Ivy v. State, NO. 2005-KA-02303-SCT, SUPREME COURT OF MISSISSIPPI, February 22, 2007, Decided
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Overview: There was sufficient evidence to convict defendant of sexual battery and fondling in violation of Miss. Code Ann. §§ 97-3-95, 97-5-23 where the victim testified that defendant licked her everywhere, including between her legs and her chest and that defendant penetrated the victim's vagina with his tongue.

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Rogers-Dabbs Chevrolet-Hummer, Inc. v. Blakeney, NO. 2005-IA-00125-SCT, SUPREME COURT OF MISSISSIPPI, February 22, 2007, Decided
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Overview: Where the buyer of a jeep filed a multi-count complaint against the seller, only the breach of warranty claim was covered by the arbitration agreement. The forgery and civil fraud claims were not within the scope of the arbitration agreement. The Federal Arbitration Act, 9 U.S.C.S. 2, permitted a full trial on the merits as to these claims.

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