Mississippi law recognizes a legal claim called “unjust enrichment.” The notion is that if Party B has unfairly benefited at the expense of Party A, then Party A can sue to recover that benefit. The scope of an unjust enrichment claim can be very broad. Such a claim will exist when the Defendant is in [..]
The most often used vehicle for bringing a civil rights lawsuit is Section 1983, Title 42, of the United States Code. Section 1983 creates a cause of action for damages in favor of an individual who has been deprived of any rights, privileges, or immunities secured by the Constitution by someone acting under color of [..]
Source: 10 Tricks Employers Use To Cheat Workers Out Of Overtime – AOL Finance
This post examines a few contract phrases that lawyers may give little attention but that can have significant impact. Other good and valuable consideration. Every attorney has seen this phrase in either a contract, a release, or a deed. It has become commonplace for a legal instrument to recite that Party A is executing the [..]
This is the 5th article on the subject of fundamental principles of contract interpretation. You can read the first four articles here, here, here and here. As we look at the following principles, please note that they are also used in the interpretation of statutes. Ejusdem generis. This is a Latin phrase meaning “of the [..]
You have executed a Last Will and Testament. Now, you want to change to it. What are your options? In Mississippi, there are several ways to change a Will. In this article, we will look at each of them. Execute a new Will. This is probably the most common method of changing a Will. You [..]
In a previous post, we looked at the sources of a lawyer’s ethical obligations. The two primary sources are: The Mississippi Rules of Professional Conduct, and Section 73-3-37 of the Mississippi Code. In almost every instance in which a lawyer speaks or writes on behalf of a client, the lawyer must be truthful. Here are [..]
The doctrine of “adverse possession” refers to the ability acquire legal ownership of land belonging to someone else by simply using that land for a long period of time. A person who seeks to acquire legal ownership by adverse possession must demonstrate all of the following. Use of land belonging to another. The most common [..]
Party A is in possession of money. Parties B, C and D each contend that the money belongs to them. In this scenario, Party A is called the “stakeholder”. Rather than forcing Party A to decide who gets the money, federal law will allow Party A to deposit the money with the federal court and [..]
This is the 7th in a series of articles about Mississippi statutes of limitation found in Title 15, Chapter 1, of the Mississippi Code. You can read the other articles here. This article discusses how a statute of limitation on a breach of contract claim can be extended by either an acknowledgement of debt or [..]
Madison County Bar Association