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Tag Archives: Fifth Circuit Court of Appeals

State’s at-will employment doctrine vulnerable in gun lawsuit

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By TED CARTER A federal lawsuit over the firing of an Aurora Flight Sciences worker for having a gun in his car at work could soon punch a large hole in Mississippi’s  150-year-old “at-will employment” doctrine. While Robert Swindol’s suit against drone aircraft maker Aurora Flight Sciences is still under review by the U.S. Fifth Circuit Court of Appeals in New ...

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Damages cap ruling could invite another challenge

The Fifth Circuit Court of Appeals ruled in late February that Mississippi’s $1 million cap on non-economic damages arising from civil litigation does not violate the state constitution’s separation of powers clause. The appeals court issued the ruling in response to the Mississippi Supreme Court’s decision not to rule on the matter last summer. The state court said then that ...

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Tort to be tested by Supreme Court

The Mississippi Supreme Court will hear arguments June 14 on the constitutionality of the state’s $1 million cap on punitive damages in civil jury awards. The argument arose after the Fifth Circuit Court of Appeals certified the question of the cap’s constitutionality to the Mississippi court. The Fifth Circuit sent the question to the state court as part of the ...

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