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   State Courts - Mississippi - March 2, 2006

  
Brown v. Thompson, NO. 2004-CA-01703-SCT, SUPREME COURT OF MISSISSIPPI, March 2, 2006, Decided
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Overview: In a case of first impression, Supreme Court of Mississippi held county sheriff's department was not a political subdivision as defined in Miss. Code Ann. § 11-46-1(i) of Mississippi Tort Claims Act (MTCA) and thus individual's suit naming sheriff's department was not properly filed; the county should have been named as the governmental defendant.

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Ill. Cent. R.R. v. Adams, NO. 2005-IA-01406-SCT, SUPREME COURT OF MISSISSIPPI, March 2, 2006, Decided
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Overview: Trial court abused its discretion in allowing plaintiffs to conduct discovery as plaintiffs were improperly joined under Miss. R. Civ. P. 20, and the complaint did not put the railroad on notice as to the specific wrong done to each plaintiff by the railroad. Thus, the matter was remanded for plaintiffs to amend the complaint.

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In re Extension & Enlarging of Boundaries of the City of Laurel, NO. 2004-AN-02160-SCT consolidated with NO. 2002-AN-01805-SCT, SUPREME COURT OF MISSISSIPPI, March 2, 2006, Decided
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Overview: Court upheld an order that city's proposed annexation of convenience store/gas station was unreasonable because evidence was clear that only individual to benefit from proposed annexation would be owner of the convenience store/gas station; the owner testified that he could increase revenues by being allowed to sell beer from his convenience store.

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Miss. Comm'n on Judicial Performance v. Justice Court Judge T.T., NO. 2005-JP-01660-SCT, SUPREME COURT OF MISSISSIPPI, March 2, 2006, Decided
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Overview: Judge's conduct in accepting plea agreement that did not comply with mandatory sentencing was not intentional, malicious, or gross misconduct; however, neglect was misconduct because of continuing pattern of legal error. Judge had to set aside and correct original sentence, pay costs, become familiar with law and was issued private reprimand.

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Miss. Farm Bureau Fed'n v. Roberts, NO. 2004-IA-02016-SCT, SUPREME COURT OF MISSISSIPPI, March 2, 2006, Decided
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Overview: Insurers' motion to sever should have been granted under Miss. R. Civ. P. 20(a) as agents failed to prove their claims of fraud and conspiracy could withstand severance; agents could not show distinct litigable event. Insurers did not waive motion for change of venue. Motion to dismiss by insurers was not addressed by appellate court.

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R.J. Reynolds Tobacco Co. v. King, 2004-IA-01170-SCT, SUPREME COURT OF MISSISSIPPI, March 2, 2006, Decided
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Wooten v. Miss. Farm Bureau Ins. Co., NO. 2005-CA-00303-SCT CONSOLIDATED WITH NO. 2003-CA-02457-SCT, SUPREME COURT OF MISSISSIPPI, March 2, 2006, Decided
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Overview: Summary judgment was properly granted in favor of insurer on insured's declaratory judgment action where plain meaning of phrase "incurred within one year from the date of accident" may be interpreted to mean that liability or duty of the insurance company to pay medical expenses may not extend beyond limitation of one year from date of accident.

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