We previously wrote here about your ability to make the other side in a lawsuit pay your attorney’s fees, including lawsuits involving federal civil rights. Today we write about a recent Fifth Circuit case styled Gallagher v. Vokey which involves a dispute between a client and his own lawyer over the issue of fees. The [..]
In Mississippi, foundation damage (whether to a home or commercial building) is fairly common. It is often caused by a certain soil called “Yazoo clay.” The clay’s composition is such that it expands significantly when wet and, conversely, shrinks significantly when dry. For example, when wet, Yazoo clay can expand to the point that it [..]
We previously wrote here about the concept of qualified immunity in civil rights lawsuits. Often, qualified immunity will protect a government official in such suits. Today we look at the question of whether qualified immunity extends to non-governmental employees. That question was recently addressed by the United States Court of Appeals for the Fifth Circuit [..]
Pursuant to Rule 4(h) of the Mississippi Rules of Civil Procedure, a plaintiff is permitted 120 days in which to serve the defendant with the summons and complaint. Specifically, the Rule states: If a service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint [..]
If you were denied your Social Security Benefits during Covid-19. Although it has been in place already, the Social Security Administration judges can host hearings by video or teleconference. This is important during the Covid era. How does it work? In order to get a hearing, you or your representative need to keep in touch [..]
We previously wrote here about claims for age discrimination in employment. As we explained: When an employee brings an age discrimination claim under the ADEA based only on circumstantial evidence, federal courts employ the McDonnell Douglas three-step burden-shifting framework. First, the employee must prove a prima facie case of discrimination. In a typical case, this [..]
We previously wrote here about Section 1983 claims. In summary, Section 1983 is a federal statute that allows a person to sue for violations of certain federal rights. In this post, we write about the application of Section 1983 to federal regulations. What does Section 1983 state? This law allows a person to sue for [..]
Covid era legal issue? What is your Covid era legal issue? Covid has had a major impact on the judicial system. Do you have a family law, criminal defense, contract, business or insurance dispute? Coronavirus, now properly labeled Covid-19, changed the way we live. Courts have been shut down. The access to justice has been [..]
We previously wrote here about the partition of land owned by heirs of the prior owner. As we wrote, the Mississippi legislature recently passed a new law that sets forth specific procedures for co-owners (also called cotenants) of land to divide up the land (or the sales price of the land) when the property meets [..]
We have previously written about different land disputes and related issues. Click here to read what we wrote about the partitioning of heir property. We have also written several times about the rule of adverse possession. See here, here, here and here. The need for an easement often arises in real estate matters. We wrote [..]
Madison County Bar Association
