A simple but costly mistake in defense practice is the mishandling of the Complaint. After a defendant is served with the Complaint in state court, he has 30 days in which to file an Answer. In federal court, he has 20 days to file an Answer. Otherwise, the plaintiff can move for a default judgment. Oftentimes, insured parties will deliver the Complaint to the insurance carrier or agent, as the insurance company is in most cases charged with providing a legal defense to the claim. That’s what happened in Childers v. Tippah County, a case recently upheld by the Mississippi Court of Appeals. The County attorney delivered the Complaint to the local insurance agent, who failed to take further action on the Complaint. The Plaintiff moved for default judgment in Circuit Court. Eventually, Childers obtained a default judgment against Tippah County for $250,000. Tippah County appealed.
In examining whether the County’s failure to file an Answer was a case of excusable neglect, the Court of Appeals said the conduct that will be examined is that of the County, not the insurance agent, therefore the failure of the insurance agent to deliver the Complaint to the carrier was not excusable neglect. In upholding the default judgment, the Court of Appeals ruled that it was the responsibility of the County to see that an Answer was filed. The Mississippi Supreme Court refused to hear an appeal from the judgment rendered by the Court of Appeals.
The lesson for all from this case is to follow up with your insurance provider continually until an Answer is filed, because if the insurance provider does not file an Answer you are on the hook.
Tags: Civil Procedure, Mississippi Attorney, Mississippi Lawyer, Mississippi Supreme Court
Posted in Mississippi Court of Appeals, Mississippi Supreme Court, News | November 23rd, 2009 No Comments »
One of our attorneys is a graduate of the University of Alabama Law School and a fan of the Alabama football program. He recently came across the interesting article linked below. Pretty much everyone familiar with the University of Alabama’s football program is also familiar with the work of Daniel Moore, an incredibly talented artist who captures many great moments in Alabama football history in oil paintings.
While surfing the web for the prospects that Daniel Moore might capture Terrance Cody’s block of the University of Tennessee’s last second field goal attempt in the Crimson Tide’s October 24, 2009 defeat of the hated Volunteers, our attorney found this article about the University’s ongoing battle with Daniel Moore over his paintings. The University of Alabama believes Mr. Moore has violated the University’s copyrighted emblems or marks by simply painting the action on the field. Mr. Moore has asserted that he is much like an Associated Press photographer who snaps the action with a camera and reproduces the images without securing permission from the University beforehand. U.S. District Judge Robert Propst sided with Mr. Moore and disagreed with the University’s argument, asserting that the mere rendition of the University of Alabama football uniform and associated game imagery is not a violation of the University’s protected marks, even though the artist’s rendition is sold commercially and, often, for significant money.
It appears Mr. Moore may now proceed with his rendition of “Rocky Block. ”
When you get to Rocky Top, what do you see? The bottom of Mount Cody.
Tags: Copyright Law, Mississippi Attorney, Mississippi Attorneys, Mississippi Lawyer, Mississippi Trademark Law, Terrance Cody, University of Alabama
Posted in Intellectual Property, News | November 3rd, 2009 No Comments »
Mississippi Governor Haley Barbour has asked the Supreme Court to reconsider its ruling in Price v. Cleveland Medical Clinic et al., in which the Supreme Court of Mississippi ruled that a properly filed and served complaint tolled the Statute of Limitations despite failure to comply with the Notice requirements of Section 11-46-11(1) Mississippi Code Ann. Barbour says the Mississippi high court’s ruling eats away at tort reform. For more, read Jerry Mitchell’s article in the Clarion Ledger.
Tags: Barbour, Mississippi Attorney, Mississippi Lawyer, Mississippi Supreme Court, Tort Reform
Posted in Mississippi Supreme Court, News | September 15th, 2009 No Comments »
Life for Mississippi attorneys is about to get a little easier. Madison County Chancery Court began accepting electronic filings on July 22 and will begin mandatory electronic filing on September 15. For you non-lawyers, this means no more last minute dashes to the courthouse with stacks of paper; no more endless copying; and no more mailing. It’s good for the environment; good for expenses; and a great step for the Mississippi judicial system.
To read more about electronic filing in Madison County Chancery Court check out this article in the Clarion Ledger.
Tags: Mississippi Attorneys, Mississippi Judicial System, Mississippi Supreme Court
Posted in News | August 28th, 2009 No Comments »
Christopher Palmer is writing the Divorce Blog. Christopher has represented many clients in divorce and child custody matters and offers his insights into the field of family law in Mississippi.
Brad Jones is writing the Lender’s Rights Blog. Brad leads the firm’s Lender Services Group and has vast experience in the field of creditor representation, and will be expounding on the dynamic area of foreclosure law.
Jake Adams is writing the Probate Litigation Blog. Jake has been probating estates in Mississippi and Tennessee for years and will use the Probate Litigation Blog to explore the field of probate litigation.
Posted in News | July 29th, 2009 No Comments »
