Federal Wiretaps
Wiretaps require a court order based on a showing of probable cause. A three-step process must be followed to obtain a court order: 1. The law enforcement officer conducting the investigation must prepare a detailed affidavit demonstrating that there is probable cause that the target telephone is being utilized to facilitate a "specific, serious, indictable crime". 2. The prosecuting attorney for...[ read more ]
Honest Services Fraud
Honest-services fraud is a federal law law passed in conjunction with mail and wire fraud laws. It is a crime for executives and government officials to deny their constituents the "intangible right to honest services." The law cites two categories of fraud: public and private. The public version applies to elected or appointed public officials. The second version applies...[ read more ]
Make Whole Doctrine
The recovery of damages in a personal injury action may be subject to what are known as "reimbursement liens" or "subrogation liens" brought by the insurance provider of the injured party. Such liens are especially common when the insurance provider is governed by ERISA. ERISA is the Employee Retirement Income Security Act of 1974, 29 USC 1001, et seq. which...[ read more ]
Collaterall Source Rule
In Mississippi, a defendant may not have his damages reduced because of amounts plaintiff receives from independent sources like insurance, workers’ compensation, or Medicaid. Walmart Stores, Inc. v. Frierson, 818 So. 2d 1135 (Miss. 2002); Brandon HMA, Inc. v. Bradshaw, 809 So. 2d 611 (Miss. 2001). These decisions upheld verdicts in trials in which plaintiffs established medical damages by introducing...[ read more ]
Implied Covenant of Good Faith and Fair Dealing in Mississippi
All contracts carry what is known as "an implied covenant of good faith and fair dealing. Good faith is described as "the faithfulness of an agreed purpose between two parties, a purpose which is consistent with justified expectations of the other party. The breach of good faith is bad faith characterized by some conduct which violates standards of decency, fairness...[ read more ]
Fraud in the Inducement in Mississippi
A contract for services or property may be voided if a Court finds there was "fraud in the inducement". In the Mississippi case of Great Southern Nat. Bank v. McCullough Environmental Services Inc., the Supreme Court held that "fraud in the inducement may arise when a party to a contract makes a fraudulent misrepresentation, i.e., by asserting information he knows to be...[ read more ]
Specific Performance in Mississippi
In Mississippi, specific performance is an equitable remedy available in breach of contract actions. The remedy is one of equity and is awarded in Chancery Court. In the Mississippi Supreme Court case of Lee v. Coahoma Opportunities, Inc., the Supreme Court held that "A claim for specific performance as a remedy for breach of contract is within the equity jurisdiction of...[ read more ]
The Use of Medical Records in Personal Injury Cases
In personal injury cases, the Plaintiff most prove that he or she suffered damages as a result of the defendant's negligence. Damages are most often proven through the use of medical bills as evidence at trial. However, Mississippi courts require that the records be authenticated prior to being admitted as evidence. Mississippi Rule of Evidence 803(6) provides that business records...[ read more ]
Grand Jury Indictments in Mississippi
If a Mississippi grand jury decides to indict a defendant, it is authorized to issue a “True Bill” upon a finding of probable cause that the defendant committed the crime. The indictment must identify the defendant, provide a concise statement of the facts sufficient to describe the elements of the crime charged, the jurisdiction of the court, the date of...[ read more ]
Sentencing of a Habitual Offender
§ 99-19-81. Sentencing of habitual criminals to maximum term of imprisonment Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or...[ read more ]
