The Mississippi Supreme Court handed down two opinions on Thursday. One is an appeal seeking to set aside a foreclosure sale. The other is an appeal of summary judgment dismissing a workers’ comp bad faith claim that addresses whether an employer’s duties under the MWCA can be delegated to a third-party administrator.
Evans v. MC & J Investments, LLC, 2022-CA-01248-SCT (Civil – Real Property)
Affirming the chancery court’s refusal to set aside a foreclosure sale, holding that although the statute of frauds does not bar recovery when promissory estoppel is appropriate there was no evidence of reliance in this case and that the trial court did not err in finding that the foreclosure sale price was not so inadequate as to shock the conscience.
(9-0)
Hardaway v. Howard Industries, Inc., 2022-CA-00787-SCT (Civil – Workers’ Comp)
Affirming summary judgment in favor of an employer in a bad faith lawsuit that followed after the plaintiff’s denied comp claim was found to be compensable by the Commission, holding that the self-insured employer’s administrative duty under the MWCA was delegable and the employer had delegated its duties to a third-party administrator and that the employer’s conduct did not rise to the level of gross negligence.
(9-0)
PRACTICE POINT – This is an important paragraph for future litigants addressing the impact of deposition testimony about legal duties:
Other Orders
In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing Hon. Dal Williamson, Circuit Judge, as a member of the Complaint Tribunal from the entry of this order through 8/31/26 for the balance of the term of Hon. Claiborne “Buddy” McDonald IV, Circuit Judge, deceased)
Shoemaker v. State, 2019-M-00832 (denying application for leave to proceed in the trial court, finding the application frivolous, and warning that future frivolous filings could result in sanctions)
Manley v. Manley, 2021-CT-00700-SCT (denying cert)
Knight v. State, 2021-CT-01192-SCT (denying cert)
SDBT Archives LLC v. Penn-Star Insurance Company, 2022-CT-00099-SCT (granting cert)
Brandi’s Hope Company Services, LLC v. Walters, 2022-CT-00188-SCT (denying cert)
West v. State, 2022-CT-00432-SCT (denying cert)
Hill v. State, 2022-CT-00524-SCT (denying cert)
Winston v. State, 2022-CT-00747-SCT (dismissing cert petition as untimely)
Francis v. State, 2022-CA-00964-SCT (denying rehearing)
Harris v. State, 2022-KA-01113-SCT (denying rehearing)
Bell v. State, 2022-CT-01141-SCT (denying cert)
Harvey v. State, 2023-CT-00157-SCT (dismissing cert petition as untimely)
Mississippi Appeals Blog 