Guest of a Guest/Tenant and the Duty of Care
It has long been established that an individual who rents from another is an "invitee" and is owed a duty of ordinary care by the landlord to keep the premises reasonably safe. Mississippi courts have held that a person who is on the rental property at the invitation of the tenant is owed the same duty. In Joiner v. Haley,...[ read more ]
Enhanced Sentencing for Drug Trafficking Resulting in Death
21 U.S.C.§§ 841(b)(1)(B) provides for enhanced sentencing for trafficking crimes "if death or serious bodily injury results from the use of the controlled substance either possessed or imported by the defendant". The U.S. Supreme Court Case of Baez-Gil vs. United States considered the proper construction of the term "use". At issue in Baez-Gill was whether "use" included the swallowing of a...[ read more ]
Enhanced Sentencing for Sale of a Controlled Substance Resulting in Death
The recent Supreme Court case of Burrage v. United States held that the use of a Federal Drug Trafficking sentencing enhancement in cases where the drug user dies is limited. Burrage was prosecuted for distributing a controlled substance which resulted in the death of the buyer. Under the the enhanced penalty statute, Burrage could be sentenced to a statutory minimum of...[ read more ]
Challenging a wire tap as evidence
To challenge a wire tap, the movant must be a party with standing. The "aggieved person" is the person against whom the wiretap was directed or someone who was a party to those communications. The movant may file a motion to suppress evidence on the following grounds: the communication was unlawfully intercepted the order authorizing or approving the interception was...[ read more ]
Federal Wire Taps
Prior to obtaining judicial authorization for a wire tap, the government must adhere to the procedural steps contained in 18 U.S.C. § 2510. The government must state: the phone number to be intercepted; the phone number's subscriber; the names of the interceptees; that there is probable cause to believe that the named interceptees are committing, have committed, or are about to...[ read more ]
Medical Malpractice Statute of Limitations
Mississippi’s statute of limitations for medical malpractice cases, codified in Mississippi Code section 15-1-36, specifies that the injured party must file their claim within two years of the date on which the health care provider committed the alleged malpractice, or on which with “reasonable diligence” the malpractice “might have been first known or discovered.”
Settlement Packages
Prior to filing an action for personal injuries or medical malpractice, a settlement package may be prepared and delivered to the defendant's insurance company. A settlement package may aid the insurance in settling the case prior to litigation. The settlement package should include medical bills and records, a copy of the accident report, copies of any photographs depicting property damage...[ read more ]
Possession of Property
"The ownership, control, or occupancy of a thing", most frequently land or personal property, by a person.The U.S. Supreme Court has held that "there is no word more ambiguous in its meaning than possession" (National Safe Deposit Co. v. Stead, 232 U.S. 58, 34 S. Ct. 209, 58L. Ed. 504 [1914]). The term "possession" has a variety of possible meanings. As a result, possession,or lack of possession, is often the subject of controversy in civil cases involving real and personal property and criminal cases involving drugs and weapon
Indemnity Agreements in Construction Cases
An Indemnity Agreement is a contract provision wherein one party to the contract agrees to pay costs incurred by the other party to the contract as a result of the other party being held liable to a third party or having to defend against a claim filed by a third party. Mississippi Code § 31-5-41 (1972) provides: "With respect to all...[ read more ]
Breach of Implied Warranty of Workmanship
When a contractor fails to perform a construction project in a workman like manner, the owner may bring an action for breach of warranty. A breach of warranty claim is generally based on express warranty provisions contained in the contract between the owner and the general contractor and/or warranties implied by law. Under Mississippi law, contractors have a duty to...[ read more ]
