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 [..]
COVID 19 and Criminal Justice How does Covid 19 (Corona virus) effect my criminal case? Once Coronavirus hit, many were concerned about the effect it had on all institutions. Family, church, jobs and employment. Also, what becomes of the incarcerated? In my personal experience, it has become hard for me to make an appointment at [..]
Effective July 1, 2020, the Mississippi Supreme Court has approved several changes to the Mississippi Rules of Evidence. You can read the changes here: https://courts.ms.gov/appellatecourts/docket/sendPDF.php?f=700_502231.pdf&c=17865&a=N&s=2 This post will briefly summarize the changes. Rule 502. Lawyer-Client Privilege. The amendment to the Rule has the effect of limiting the scope of any waiver of the privilege. If [..]
Many property insurance policies state that the insurance company will pay the actual cash value of damaged or destroyed property. But, what does that mean exactly? On March 30, 2020, in Mitchell v. State Farm, the United States Court of Appeals for the Fifth Circuit addressed that very question under Mississippi law. The facts in [..]
Can I expunge my record? You can expunge the record of certain convictions, and most arrests, by petitioning the court who had original jurisdiction. State laws define whether or not you can qualify. Remember, we are only discussing state arrests and convictions here. For example, in Mississippi, you can expunge the convictions of felony bad [..]
Mississippi Legislation 2019 Mississippi Legislation 2019: The Mississippi legislature works every year to make laws or modify them. The following are a few 2019 updates concerning civil rights and liberties. Criminal Justice Reform The first notable legislation is HB 1352, short title Criminal Justice Reform Act. This bill’s intent is to help formerly incarcerated individuals [..]
You have been wrongfully sued in a civil lawsuit or wrongfully arrested on a criminal charge. Ultimately, you win your case. Do you have a claim for malicious prosecution against the person who sued you or who filed criminal charges and caused you to be arrested? There are six elements of a malicious prosecution claim, [..]
An ad valorem tax (Latin for “according to value”) is a tax whose amount is based on the value of a transaction or of property. Perhaps the most common form of such a tax is the annual real estate tax collected by the county. Business owners know, however, that an ad valorem tax is [..]
Many questions on legal advice sites begin with the words “do I have a case?” Obviously, every situation is different, and it is not possible to provide a “one size fits all” answer to that question. Even so, there are several factors to consider in making a decision as to whether to hire an attorney. [..]
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 [..]
Madison County Bar Association
