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  • Commentaries
  • Judgments

Mississippi Case Commentaries

No Waiver of State-Court Venue Objections When Removal Makes the Defense “Unavailable”: Commentary on Benchmark Insurance Co. v. Harris

No Waiver of State-Court Venue Objections When Removal Makes the Defense “Unavailable”: Commentary on Benchmark Insurance Co. v. Harris

Date: Dec 15, 2025
No Waiver of State-Court Venue Objections When Removal Makes the Defense “Unavailable” Commentary on Benchmark Insurance Company, et al. v. Harris, Supreme Court of Mississippi (Dec. 11, 2025) I....
No Automatic Attorney’s Fees on Rule 41(a)(2) Dismissal With Prejudice: Busby v. Lamar and the Limits of Curative Conditions in Mississippi

No Automatic Attorney’s Fees on Rule 41(a)(2) Dismissal With Prejudice: Busby v. Lamar and the Limits of Curative Conditions in Mississippi

Date: Dec 15, 2025
No Automatic Attorney’s Fees on Rule 41(a)(2) Dismissal With Prejudice: Busby v. Lamar and the Limits of Curative Conditions in Mississippi I. Introduction The Supreme Court of Mississippi’s decision...
Exclusive Chancery Jurisdiction over Adoptions and Appellate Limits on Remand: Commentary on In the Matter of L.L.T., K.D.T., E.V.T., and S.C.T.

Exclusive Chancery Jurisdiction over Adoptions and Appellate Limits on Remand: Commentary on In the Matter of L.L.T., K.D.T., E.V.T., and S.C.T.

Date: Dec 9, 2025
Exclusive Chancery Jurisdiction over Adoptions and Appellate Limits on Remand: Commentary on In the Matter of L.L.T., K.D.T., E.V.T., and S.C.T.: Lesley Prince v. Mississippi Department of Child...
Noncompete Enforcement After Membership Buyout and Limits on Ambiguous Arbitration Clauses in LLC Operating Agreements: Commentary on Wiggins v. Southern Securities Group

Noncompete Enforcement After Membership Buyout and Limits on Ambiguous Arbitration Clauses in LLC Operating Agreements: Commentary on Wiggins v. Southern Securities Group

Date: Dec 9, 2025
Noncompete Enforcement After Membership Buyout and Limits on Ambiguous Arbitration Clauses in LLC Operating Agreements Commentary on Robert C. Wiggins v. Southern Securities Group, LLC and Brandi...
When Long‑Standing Unwritten Medicaid Practices Become Binding Policy: Commentary on Hattiesburg Medical Park Management Corp. v. Mississippi Division of Medicaid

When Long‑Standing Unwritten Medicaid Practices Become Binding Policy: Commentary on Hattiesburg Medical Park Management Corp. v. Mississippi Division of Medicaid

Date: Nov 21, 2025
When Long‑Standing Unwritten Medicaid Practices Become Binding Policy: Commentary on Hattiesburg Medical Park Management Corp. v. Mississippi Division of Medicaid I. Introduction In Hattiesburg...
Reaffirming the “Intimate Knowledge” Standard: Technical Reviewer Testimony and the Confrontation Clause After Smith v. Arizona – Commentary on Busby v. State

Reaffirming the “Intimate Knowledge” Standard: Technical Reviewer Testimony and the Confrontation Clause After Smith v. Arizona – Commentary on Busby v. State

Date: Nov 14, 2025
Reaffirming the “Intimate Knowledge” Standard: Technical Reviewer Testimony and the Confrontation Clause After Smith v. Arizona Commentary on Jeffrey Dale Busby v. State of Mississippi, Miss. Sup....
Miller v. State and the Sufficiency of Aggravated Assault Indictments Omitting “Recklessly” in Mississippi

Miller v. State and the Sufficiency of Aggravated Assault Indictments Omitting “Recklessly” in Mississippi

Date: Nov 14, 2025
Miller v. State and the Sufficiency of Aggravated Assault Indictments Omitting “Recklessly” in Mississippi I. Introduction In Willis Miller v. State of Mississippi (Miss. Sup. Ct., Nov. 13, 2025),...
Expired Judgments and Trust Funds: Pro Rata Distribution of MDL Refunds in Thompson v. Estate of Lee

Expired Judgments and Trust Funds: Pro Rata Distribution of MDL Refunds in Thompson v. Estate of Lee

Date: Nov 14, 2025
Expired Judgments and Trust Funds: Pro Rata Distribution of MDL Refunds in Thompson & Dixon v. Estate of Lee I. Introduction In Gloria Thompson and Deborah Dixon v. The Estate of Herbert Lee, Jr.,...
Special Exceptions and Planned Unit Developments in Mississippi: Mohiuddin v. Jackson County Board of Supervisors

Special Exceptions and Planned Unit Developments in Mississippi: Mohiuddin v. Jackson County Board of Supervisors

Date: Nov 14, 2025
Special Exceptions May Authorize Non‑Permitted Uses in Planned Unit Developments: Commentary on Mohiuddin v. Jackson County Board of Supervisors I. Introduction This commentary analyzes the...
No Express Finding of Child Harm Required for Mental-Health and Adultery Considerations in Albright Custody Analysis: Commentary on Edwards v. Edwards

No Express Finding of Child Harm Required for Mental-Health and Adultery Considerations in Albright Custody Analysis: Commentary on Edwards v. Edwards

Date: Nov 7, 2025
No Express Finding of Child Harm Required for Mental-Health and Adultery Considerations in Albright Custody Analysis: Commentary on Edwards v. Edwards Case: Aubrey M. Edwards v. William Brad Edwards...
Best Interest Over Kinship and Contract: Mississippi Supreme Court Confirms Foster Parents’ Ability to Seek Adoption Despite CPS Relative-Placement Policies

Best Interest Over Kinship and Contract: Mississippi Supreme Court Confirms Foster Parents’ Ability to Seek Adoption Despite CPS Relative-Placement Policies

Date: Nov 7, 2025
Best Interest Over Kinship and Contract: Mississippi Supreme Court Confirms Foster Parents’ Ability to Seek Adoption Despite CPS Relative-Placement Policies 1. Introduction This commentary examines...
Admissions, Vehicle Control, and Hidden Narcotics: The Mississippi Supreme Court Refines Constructive Possession in Moody v. State

Admissions, Vehicle Control, and Hidden Narcotics: The Mississippi Supreme Court Refines Constructive Possession in Moody v. State

Date: Nov 7, 2025
Admissions, Vehicle Control, and Hidden Narcotics: The Mississippi Supreme Court Refines Constructive Possession in Moody v. State I. Introduction The Supreme Court of Mississippi’s decision in...
Implied Non‑Consent and Victim Testimony in Mississippi Sexual Battery Law: Commentary on Mayfield v. State

Implied Non‑Consent and Victim Testimony in Mississippi Sexual Battery Law: Commentary on Mayfield v. State

Date: Nov 7, 2025
Implied Non‑Consent and Victim Testimony in Mississippi Sexual Battery Law: Commentary on Earnest Mayfield a/k/a Ernest Mayfield v. State of Mississippi I. Introduction This commentary analyzes the...
Defective Zoning Appeals Are Not Jurisdictional and the “Fairly Debatable” Standard Reaffirmed: Commentary on Elliott Land Developments v. Jackson County Board of Supervisors

Defective Zoning Appeals Are Not Jurisdictional and the “Fairly Debatable” Standard Reaffirmed: Commentary on Elliott Land Developments v. Jackson County Board of Supervisors

Date: Oct 31, 2025
Defective Zoning Appeals Are Not Jurisdictional and the “Fairly Debatable” Standard Reaffirmed: Commentary on Elliott Land Developments v. Jackson County Board of Supervisors I. Introduction The...
Intent, Guns, and Attempted Aggravated Assault: The Mississippi Supreme Court Disavows the “Actual, Unequivocal Intent” Standard in Jones v. State

Intent, Guns, and Attempted Aggravated Assault: The Mississippi Supreme Court Disavows the “Actual, Unequivocal Intent” Standard in Jones v. State

Date: Oct 31, 2025
Intent, Guns, and Attempted Aggravated Assault: The Mississippi Supreme Court Disavows the “Actual, Unequivocal Intent” Standard in Jones v. State I. Introduction The Supreme Court of Mississippi’s...
Lakeland Premier Women’s Clinic v. Jackson: Strict Limits on Rule 56(f) Extensions and the Expert Affidavit Requirement in Mississippi Medical Malpractice Cases

Lakeland Premier Women’s Clinic v. Jackson: Strict Limits on Rule 56(f) Extensions and the Expert Affidavit Requirement in Mississippi Medical Malpractice Cases

Date: Oct 31, 2025
Lakeland Premier Women’s Clinic v. Jackson: Strict Limits on Rule 56(f) Extensions and the Expert Affidavit Requirement in Mississippi Medical Malpractice Cases I. Introduction A. The Parties and the...
Circumstantial Evidence, Trial-Court Deference, and Civil Forfeiture: The Significance of Rae Young Chung v. State ex rel. Brandon Police Department

Circumstantial Evidence, Trial-Court Deference, and Civil Forfeiture: The Significance of Rae Young Chung v. State ex rel. Brandon Police Department

Date: Oct 31, 2025
Circumstantial Evidence, Trial-Court Deference, and Civil Forfeiture: The Significance of Rae Young Chung v. State ex rel. Brandon Police Department I. Introduction In Rae Young Chung v. State of...
Mossy Lake, Public Trust Waters, and Sixteenth Section School Lands: Mississippi Supreme Court Clarifies That Pre‑Statehood Public Waters Never Accrued to the Sixteenth Section Trust

Mossy Lake, Public Trust Waters, and Sixteenth Section School Lands: Mississippi Supreme Court Clarifies That Pre‑Statehood Public Waters Never Accrued to the Sixteenth Section Trust

Date: Oct 17, 2025
Mossy Lake, Public Trust Waters, and Sixteenth Section School Lands: Mississippi Supreme Court Clarifies That Pre‑Statehood Public Waters Never Accrued to the Sixteenth Section Trust I. Introduction...
Defendant-Caused Injury as the Touchstone of Venue Under Miss. Code § 11‑11‑3: Commentary on National Health Insurance Co. v. Lever

Defendant-Caused Injury as the Touchstone of Venue Under Miss. Code § 11‑11‑3: Commentary on National Health Insurance Co. v. Lever

Date: Oct 10, 2025
Defendant-Caused Injury as the Touchstone of Venue Under Miss. Code § 11‑11‑3: Commentary on National Health Insurance Company v. Lever I. Introduction The Supreme Court of Mississippi’s decision in...
Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation

Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation

Date: Oct 8, 2025
Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation Introduction This commentary examines the Mississippi Supreme Court’s administrative order in In...
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