CLE

 I'm looking forward to presenting at National Business Institute’s upcoming course, “Family Law: Best Practices and Tips for 2023” on Friday, April 14, 2023. Register today at https://www.nbi-sems.com/ProductDetails/96548ER!

Use Promo Code FSPN50A at checkout to get $50 off.  Hope to see you there.   

Uninsured Motorist Benefits and First Responders

 The Lee decision today located here ends the 14 year fight about whether an insured could have made a UM claim when a first responder was not reckless.  It overturns McGlothin and outright scolds the Fifth Circuit for their mental “gymnastics” and inaccurate Erie guess.  The Mississippi Legislature amended the statute at issue again in 2020, so this case really only applies to pre-2020, post 2009 cases.  This decision arises from two trial court rulings in different cases.  

Mississippi Crime Victim Compensation Fund

 I spent part of the morning assisting a client with the Mississippi Crime Victim Compensation fund.    It is a way for victims of crimes to get at least some financial relief when there are not other sources of recovery.   A link to the application is here. 

Rule Changes

The Mississippi Supreme Court announced several Rule Changes today.   The most significant is that an attorney can issue a subpoena now after a case is filed.  

EN BANC
 89-R-99001-SCT

In Re: The Rules of Civil Procedure; Disposition: On motion of the Supreme Court of Mississippi's Advisory Committee on Rules, Rule 37 of the Mississippi Rules of Civil Procedure is amended as set forth in the attached Exhibit A effective 30 days after the entry of this order. All Justices Agree. Order entered 1/20/23.

 

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EN BANC
 89-R-99001-SCT

In Re: The Rules of Civil Procedure; Disposition: The Motion of the Advisory Committee on Rules to Amend M.R.C.P. 45 is granted in part. Rule 45 of the Mississippi Rules of Civil Procedure is amended as set forth in attached Exhibit A, and the amendments are effective 30 days after entry of this order. All Justices Agree. Order entered 1/23/23.

Tennessee Issue of Interest

 The Tennessee Supreme Court has accepted review of a case presenting this issue:                 "[W]hether a plaintiff can assert direct negligence claims against an employer if the employer admits that it will be vicariously liable for the conduct of its employees under the doctrine of respondeat superior ?"

Briefing has not yet begun, but you can read the Defendant's position in its Rule 9 Application by clicking here.

You can follow the progress of the case through the TSC by monitoring this link.

Dogs Attacking Cattle

 For all the small town and even not so small town lawyers, here is your random statute of the day to be aware of in Mississippi.   

§ 95-5-19. Poultry or livestock-killing dog; how dealt with.

The owner, or the immediate family, employee or agent of the owner, of any poultry or livestock, including cattle, horses, mules, jacks, jennets, sheep, goats and hogs, may kill any dog in the act of chasing or killing any such poultry or livestock, and any such person shall not be liable therefor to the owner of the dog.

Interesting Issue on Tennessee Depositions

Depositions proceeding under the Tennessee Rules of Evidence provide that  no one is excluded from attending them. See Tenn. R. Evid. 615, Advisory Commission Comment, “Under Rule 101, the Evidence Rules apply to rulings in “trial courts.” Strictly speaking, Rule 615 is intended to apply only to sequestration of witnesses at trial. A lawyer who wishes to exclude nonparties from oral deposition must resort to T.R.Civ.P. 26.03(5), allowing on motion a protective order “that discovery be conducted with no one present except persons designated by the court.”