On September 22, 2014, the Mississippi Supreme Court adopted an amendment to the Mississippi Rules of Civil Procedure in Rule 42 (c), which allows consolidation of suits pending in multiple counties within the same Circuit or Chancery District involving common questions of law or fact.  While not as broad as the federal counterpart which allows consolidation of such claims between states via Multi-District Litigation procedures (“MDL”), this certainly will provide an avenue
On October 2, 2014, the Mississippi Supreme Court reached a decision in Smith v. Express Check (opinion here), that upheld the use of an arbitration agreement as a means of resolution for employment disputes. The arbitration provision, which was signed and acknowledged by the employee, Smith, at the outset of her employment with Express Check, was included in a pre-printed document entitled “Non-Competition and Confidentiality Agreement”.
The Ole Miss Risk Management and Insurance program invites you to participate in our 5th Annual Fall Insurance Career Days on Tuesday, October 14th and Wednesday, October 15th, 2014. Insurance Career Days serves to educate Ole Miss students about careers in the industry and to facilitate recruiting for both full-time positions and summer internships. Last year, well over 100 RMI students attended both our Fall and Spring Insurance Career Days, and we expect similar attendance this year.
The Eighth Circuit, applying Minnesota law, held that a CGL policy provided coverage to an insured manufacturer who produced contaminated dry milk and was sued by a purchaser who incorporated the dry milk into its instant oatmeal products.  The carrier argued that the controversy centered on the contaminated dry milk but the Court rejected the argument stating that the insured sought indemnity for damages caused to the purchaser’s instant oatmeal products not for damage to its milk.  As a result, the Court fou
The Mississippi Supreme Court considered for the first time whether Facebook messages were properly authenticated. During the course of the defendant’s trial, the State introduced Facebook messages containing conversations between the defendant and his wife that were utilized as evidence of motive. To authenticate the messages, the wife testified that she and her husband wrote letters to each other on Facebook, and she identified the messages as such.
Attorney sought to force arbitration of a fee dispute under a joint-venture agreement without an arbitration provision by using the arbitration provisions in either the joint-venture’s retainer agreement with the client, or in the settlement agreement related to the client’s claim.
Entities operating numerous locally owned drug stores in Mississippi filed suit in state court against four corporations. All plaintiffs and one defendant were signatories to an agreement which incorporated an arbitration clause.  The case was removed and all defendants moved to compel arbitration. The motion was granted and all parties were ordered to submit their claims to arbitration.  Crawford Professional Drugs, Inc. v. CVS Caremark Corp., 748 F.3d 249 (5th Cir. 2014).
The Fourth Circuit became the first circuit to apply the expanded definition of “disability” under the 2008 amendment to the American with Disabilities Act. Summers v. Altarum Institute, Corp., 740 F.3d 325 (2014).
A district court in Virginia held that an exclusion for personal and advertising injury under a State Farm Businessowner's Policy was ambiguous. Coverage for personal and advertising injury is precluded under exclusion 17(h)(1) if "[c]ommited by an insured whose business is: advertising, broadcasting, publishing or telecasting." State Farm Fire and Cas. Co. v. Franklin Center for Government and Public Integrity, No. 1:13-cv-957, slip op. (E.D. Va.
The Fifth Circuit had occasion to interpret the phrase “arising out of [an insured’s] ongoing operations” in the context of an additional-insured endorsement in a CGL occurrence policy, which excludes property damage occurring after all work has been completed.   Woodward v. Acceptance Indem. Ins. Co., 2014 WL 1465363 (5th Cir. 2014), reh’g denied, 2014 WL 1465363 (5th Cir. Apr 15, 2014).
Alabama joins the list of states to redefine coverage for contractors under CGL policies in Owners Ins. Co. v.
Webb Sanders & Williams took the lead in preparing the Amici Curiae petition on behalf of PCI and the Republic Group.  A link to the petition is below. Click here to download!!!
The Fifth Circuit Court of Appeals finds lack of arguable reason as a matter of law in a Uninsured Motorist / Bad Faith delay case under Mississippi Law.  Here is a link to the courts decision. Click here to download!