Burglary in Mississippi
Mississippi law defines burglary as breaking and entering into any structure with the intent to commit a crime therein. To be convicted of burglary, two elements of the crime must be proved beyond a doubt (or pled guilty to by the defendant). In other words, the State must prove that the defendant actually entered a structure, and entered with the...[ read more ]
Declaratory Judgment Actions by an Insurance Company
When an insurance policyholder has been sued and has presented the claim to its insurer for a defense, the plaintiff or insurance company may file a Declaratory Judgments to resolve issues involving insurance coverage. Such issues may relate to the existence of coverage for a particular claim, whether a policy exclusion is applicable, or the priority of coverage between two or more insurers....[ read more ]
Criminal Acts Exclusion in Mississippi Premises Liability
The Mississippi Court of Appeals has dealt with the question of whether a criminal act that causing the “accidental death” of a person can be an “occurrence” or “accident” as defined in an insurance policy and whether a criminal act exclusion applies in Rita Kees Lambert, Individually, and v. Safeco Insurance Company of America, No. 2011-CA-00166-COA (Miss.App. 05/08/2012). Rita Kees...[ read more ]
Motions to Reconsider in Mississippi
The Mississippi Rules of Civil Procedure provide two avenues to move the trial court to reconsider its judgment. The aggrieved party may (1) file a motion for a new trial or to alter or amend under Rule 59 or (2) file for a relief from a final judgment under Rule 60(b). M.R.C.P. 59, 60(b). The timing of the motion to...[ read more ]
Domain names and trademarks for businesses
It is important for businesses to understand that the registration of a domain name does not afford trademark protection. Some businesses will use its trademark to identify its products or services but utilize a slightly different domain name. If the domain name is not registered with the United States Trademark and Patent office, its is merely a web address and...[ read more ]
Trademark your business name in Mississippi
Many businesses overlook the importance of trademarking their name and and logo. Although requirements for the registration of all trademarks are similar, there are minor differences in registering a name as a trademark and trademarking a logo. If a business has both a name and a logo, separate trademark applications should be filed. Trademarking the logo should be the first...[ read more ]
Carjacking Crime in Mississippi
Miss. Code Ann. § 97-3-117 defines carjacking as “knowingly or recklessly, by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempting to do so, or by any other means taking a motor vehicle from another person’s immediate actual possession.” . To obtain a conviction for the charge...[ read more ]
Armed Robbery in Mississippi
Miss. Code Ann. § 97-3-79., defines armed robbery as “feloniously [taking] the personal property of another, “by the exhibition of a deadly weapon” in his presence or from his person and against his will, by violence to his person or by putting such person in fear of some immediate injury to his person . . . .” . To obtain...[ read more ]
Involuntary Commitment to a Public Institution
Under Mississippi Code Ann §41-31-1 et seq, individuals suffering for drug and alcohol abuse may be involuntarily committed to a private facility. The law requires that the person asking the court to do so be either a spouse, parent, next of kin, friend or relative. The Petition for Involuntary Commitment must be filed in the county of the patient’s residence or...[ read more ]
Involuntary Commitment to Private Facilities
Under Mississippi Code Ann §41-32-1 et seq, individuals suffering for drug and alcohol abuse may be involuntarily committed to a private facility. The law requires that the person asking the court to do so be either a spouse, parent, next of kin, friend or relative. The Petition for Involuntary Commitment must be filed in the county of the patient’s residence or...[ read more ]
