The Mississippi Supreme Court handed down three opinions today. One ends a chapter in the NCAA-Ole Miss saga, one is an interesting case discussing administrative remedies exhaustion and exclusive remedy immunity under the MWCA, and the other is a direct criminal appeal reversing the Court of Appeals and reinstating a conviction.
NCAA v. Farrar, 2023-IA-00282-SCT (Civil – Torts)
Reversing the trial court’s denial of the NCAA’s motion for summary judgment, holding that there was no evidence in the record to support the plaintiff’s due process and malicious interference with employment claims.
(6-1: Randolph dissented dubitante; Coleman and Maxwell did not participate)
Harris v. Hemphill Construction Company, Inc., 2023-CA-00973-SCT (Civil – Personal Injury)
Affirming the trial court’s decision dismissing a work-related personal injury claim by an employee/officer of a subcontractor against a general contractor, holding that the plaintiff was not required to exhaust his administrative remedies before filing a negligence suit but that the defendant-GC was entitled to exclusive remedy immunity from the plaintiff’s suit because the GC required the subcontractor to carry comp coverage and plaintiff was an officer of the subcontract who rejected workers’ comp coverage for himself.
(9-0)
Practice Point – This is case is worth a deeper dive:
Harris then filed the negligence lawsuit and the Mississippi Supreme Court held that the GC was entitled to exclusive remedy immunity:
The Court concluded:
Quinn v. State, 2022-CT-00962-SCT (Criminal – Felony)
Reversing the Court of Appeals and reinstating the circuit court’s judgment and conviction of sexual battery, holding that the State sufficiently proved venue, that expert DNA testimony was properly admitted, that the indictment was properly amended, that the trial court did not err by not granting a mistrial sua sponte during closing arguments, and that the trial court did nto err by allowing the State to use birth certificates to refresh a witness’s memory.
(7-2: Kitchens dissented, joined by King)
Other Orders
- Howard v. State, 2022-KA-00430-SCT (denying rehearing)
- Crawford v. East Mississippi State Hospital, Inc., 2022-CT-00753-SCT (denying cert)
- Course v. State, 2022-CT-00760-SCT (denying cert)
- Collins v. Collins, 2022-CT-00903-SCT (denying cert)
- McLellan v. McLellan, 2022-CT-01006-SCT (denying cert)
- McKenzie v. McKenzie, 2022-CT-01175-SCT (denying cert)
- Designer Custom Homes, LLC v. U.S. Coating Specialties & Supplies, LLC, 2023-CT-00207-SCT (denying cert)
- Deep South Today v. Bryant, 2024-M-00659-SCT (denying petition for interloc)
- McPhail v. McPhail, 2024-TS-00849 (denying motion for leave to proceed in forma pauperis, dismissing bond-related request without prejudice, and granting request to enlarge the notice of appeal)
Mississippi Appeals Blog 