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   State Courts - Mississippi - July 27, 2006

  
Allen v. AMTRAK, NO. 2005-CA-01106-SCT, SUPREME COURT OF MISSISSIPPI, July 27, 2006, Decided
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Overview: Where an assistant conductor sued the railroad for personal injuries pursuant to the Federal Employers' Liability Act, 45 U.S.C.S. § 51 et seq., the trial court did not abuse its discretion in ordering a Miss. R. Civ. P. 37 dismissal due to the conductor's failure to disclose a previous back injury and workers' compensation claim.

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Ellis v. State, NO. 2005-KA-01460-SCT, SUPREME COURT OF MISSISSIPPI, July 27, 2006, Decided
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Overview: Trial court did not abuse its discretion in admitting the State's DNA evidence, where, pursuant to Miss. R. Evid. 901(a), defendant offered no proof that the blood sample tubes were substituted, and the State did not have to call every witness who handled the blood to establish the chain of custody.

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Hinds County Bd. of Supervisors v. Abnie, NO. 2005-IA-00185-SCT, SUPREME COURT OF MISSISSIPPI, July 27, 2006, Decided
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Overview: In a consolidation action where the plaintiffs paid a total of $ 67,450.00 in filing fees to the circuit clerk, the plaintiffs were entitled to a refund of all filing fees and administrative costs in excess of the statutorily established amounts. Miss. Code Ann. § 25-7-13(1)(a) set the total filing fee at $ 75.00 for each complaint.

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Miss. Bar v. Hodges, NO. 2005-BD-01917-SCT, SUPREME COURT OF MISSISSIPPI, July 27, 2006, Decided
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Overview: Where attorney pled guilty in Tennessee to consuming alcohol in violation of his monitoring agreement and was suspended for one year, he was suspended for one year in Mississippi pursuant to Miss. R. Disc. St. Bar 13, retroactive to date of Tennessee order, because the infraction did not involve an act of moral turpitude or harm Mississippi client.

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Moss v. Batesville Casket Co., NO. 2005-CA-00372-SCT, SUPREME COURT OF MISSISSIPPI, July 27, 2006, Decided
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Overview: Court properly granted summary judgment on a claim against a casket company alleging warranty for a particular purpose, Miss. Code Ann. § 75-2-315, because plaintiffs had not identified any particular purpose when the casket was selected, and there was no proof that the body had been damaged in any way by the alleged problems with the casket.

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