False Advertising in Mississippi
§ 97-23-3. Advertising; untrue, deceptive, or misleading. Any person who, with intent to sell or in any way dispose of merchandise, securities, service, or anything offered by such person, directly or indirectly, to the public for sale or distribution, or who, with intent to increase the consumption of or demand for such merchandise, securities, service or other thing, or to...[ read more ]
Forum Non-Conveniens in Mississippi
One ground upon which a lawsuit may be dimissed is that of forum non conveniens. A defendant may present arguments that the venue in which the lawsuit was filed is improper due to lack of access to witnesses and evidence. In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum...[ read more ]
Proper venue in MIssissippi
When bringing an action against a party, an important consideration is where to file the lawsuit. A lawsuit will only be heard if it has been filed in the proper venue, or county. Mississippi statute regarding proper venue provides that “Civil actions of which the circuit court has original jurisdiction shall be commenced in the county where the defendant [1]...[ read more ]
Disorderly Conduct in Mississippi
§ 97-35-7. Disorderly conduct; failure to comply with requests or commands of law enforcement officers; penalties; exception. 1) Whoever, with intent to provoke a breach of the peace, or under such circumstances as may lead to a breach of the peace, or which may cause or occasion a breach of the peace, fails or refuses to promptly comply with or...[ read more ]
Legal Malpractice Claims in Mississippi
In Mississippi, the statute of limitation deadline to sue an attorney for malpractice is three years. Mississippi’s general three year statute of limitations deadline is applicable to legal malpractice cases. This imposes a three year deadline on suing the attorney from the date of the malpractice. Mississippi courts recognize the discovery rule in malpractice cases. In the case of Smith...[ read more ]
Cruelty to Animals in Mississippi
Miss Code Ann § 97-41-1 Provides: Except as otherwise provided in Section 97-41-16 for a dog or cat, if any person shall intentionally or with criminal negligence override, overdrive, overload, torture, torment, unjustifiably injure, deprive of necessary sustenance, food, or drink; or cruelly beat or needlessly mutilate; or cause or procure to be overridden, overdriven, overloaded, tortured, unjustifiably injured, tormented,...[ read more ]
Tampering with Evidence in Mississippi
§ 97-9-125. Tampering with physical evidence provides: (1) A person commits the crime of tampering with physical evidence if, believing that an official proceeding is pending or may be instituted, and acting without legal right or authority, he: (a) Intentionally destroys, mutilates, conceals, removes or alters physical evidence with intent to impair its use, verity or availability in the pending...[ read more ]
Settlement Demand Packet in Mississippi Litigation
Before initiating medical malpractice litigation, the attorney should give the treating physician's insurance carrier an opportunity to settle. The attorney will prepare what is commonly referred to as a demand package (also referred to as a settlement package, demand, or demand letter). The demand package consists of a written brief that includes (i) a concise statement of when and how the malpractice occurred; (ii)...[ read more ]
Judgement Debtor Examination in Mississippi
In Mississippi, at any time after a judgment is entered, the person awarded a judgment (judgment creditor) is entitled to a court order requiring the debtor to appear and answer questions, under oath about matters that would help the judgment creditor to collect. These questions might relate to what type of property they own, where that property is located, whether...[ read more ]
Extortion in Mississippi
Mississippi Code Ann 97-3-82 (1) For the purposes of this section the following words and phrases shall have the meanings ascribed herein, unless the context clearly indicates otherwise: (a) "Obtain" means: (i) in relation to property, to bring about a transfer or purported transfer of a legal interest in, or physical possession of, the property, whether to the obtainer or...[ read more ]
