Dissolving an Limited Liability Company in Mississippi
A valid Limited Liability Company must be registered with the State of Mississippi. Terminating its existence as a state-registered business entity begins with a formal process called “dissolution.” To voluntarily dissolve your LLC, you first review the company’s formation documents--the certificate of formation and the operating agreement. Typically, one of those two documents will contain a section with rules pertaining...[ read more ]
Plea Bargaining in Federal Court
The Federal Rules of Criminal Procedure and specifically, Rule 11(e), provide for the concept of plea agreements. However, due to United States Sentencing Guideline provisions, prosecutors are restricted in what they may offer in a plea agreement. And as many federal offenses carry mandatory sentences, there may be no room for plea bargaining. Statutes codifying many federal offenses expressly prohibit...[ read more ]
Continuances in Mississippi
In Mississippi, judges may grant what is known as a "continuance," which is a temporary postponement of the trial or court hearing. Either the plaintiff or the defendant may request a continuance, but the Court may also issue a continuance without consulting with either party to a case. Continuances may be requested when unforeseen events - such as illness or...[ read more ]
Kidnapping in Mississippi
§ 97-3-53. Kidnapping; punishment. Any person who, without lawful authority and with or without intent to secretly confine, shall forcibly seize and confine any other person, or shall inveigle or kidnap any other person with intent to cause such person to be confined or imprisoned against his or her will, or without lawful authority shall forcibly seize, inveigle or kidnap...[ read more ]
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 ]
