release claim (Mississippi) · Go Syfert
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release claim in Mississippi

5 Mississippi opinions name it 2 courts 1924–2019 0 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Daniels v. Parker and Associates, Inc.green
missctapp · 2012 · cited in 1 Mississippi opinions naming this issue, 2018–2018
1 sentence

2018Id. at 801-02 (¶¶ 14-18).

11
American Legion Post 42 v. Ocean Springsgreen
miss · 1990 · cited in 1 Mississippi opinions naming this issue, 2001–2001
1 sentence

2001See American Legion Ladnier Post Number 42, Inc. v. The City of Ocean Springs, 562 So.2d 103, 105 (Miss.1990) ("The general rule is that where a contract is ambiguous and uncertain, questions of fact are presented which are to be resolved by the trier of fact, and the granting of summary judgment is inappropriate.").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Wicker v. Consolidated Rail Corporation green
ca3 · 1998
2 sentences

2019In Wicker, the United States Court of Appeals for the Third Circuit stated that “[t]o the extent that a release chronicles the scope and duration of the known risks, it would supply strong evidence in support of the release defense.” Wicker, 142 F.3d at 701 .

2019In Wicker , the United States Court of Appeals for the Third Circuit stated that "[t]o the extent that a release chronicles the scope and duration of the known risks, it would supply strong evidence in support of the release defense." Wicker , 142 F.3d at 701 .

12019–2019
Lowry v. Bryant neutral
ill · 1839
1 sentence

2019In Illinois Central Railroad Co. v. Acuff, the Court adopted Wicker’s “known risk” test. 3 Ill. 2 45 U.S.C.A. § 55 is also referred to as Section 5 of the FELA. 3 An employee negotiating a claim for an existing controversy materially differs from an employee agreeing to a voluntary end to his or her employment and not negotiating the settlement of an existing controversy.

12019–2019
Huffman v. Griffin green
miss · 1976
1 sentence

1981In Huffman v. Griffin, 337 So.2d 715 (Miss. 1976), this Court said: "This motion raises the issue of priority jurisdiction between courts of concurrent jurisdiction.

11981–1981
Vining v. New York & New England Railroad green
· 1897
1 sentence

1924In the ■Jackson case, however, the court held that— “In contracts for life employment, the employer would not be bound to retain in his .service one who was unfaithful in performing his duties, or who was incapable of performing them, or if the employer had no work which the employee could perform.” A leading case upon this subject, and the one which is probably more frequently cited than any other, is the case of Carnig v. Carr, 167 Mass. 544 , 46 N. E. 117 , 57 Am.

11924–1924
Carnig v. Carr green
mass · 1897
1 sentence

1924In the ■Jackson case, however, the court held that— “In contracts for life employment, the employer would not be bound to retain in his .service one who was unfaithful in performing his duties, or who was incapable of performing them, or if the employer had no work which the employee could perform.” A leading case upon this subject, and the one which is probably more frequently cited than any other, is the case of Carnig v. Carr, 167 Mass. 544 , 46 N. E. 117 , 57 Am.

11924–1924
Jackson v. Illinois Central Railroad neutral
miss · 1898
2 sentences

1924Such, was the holding of this court in the case of Jackson v. Railroad Company, 76 Miss. 607 , 24 So. 874 , in which it was held that the release of a claim against the company for personal injuries sustained by the claimant was a sufficient consideration to support a contract for life employment, and that such a contract is not within the statute of frauds and is not against public policy.

1924Such, was the holding of this court in the case of Jackson v. Railroad Company, 76 Miss. 607 , 24 So. 874 , in which it was held that the release of a claim against the company for personal injuries sustained by the claimant was a sufficient consideration to support a contract for life employment, and that such a contract is not within the statute of frauds and is not against public policy.

11924–1924

Where else courts name it

NY 97 (1843–2025) CA 96 (1920–2025) TX 77 (1904–2024) IL 49 (1902–2025) FL 38 (1932–2021) PA 37 (1914–2025) LA 35 (1919–2021) MI 23 (1935–2024) GA 23 (1927–2020) MA 23 (1899–2020) IN 22 (1895–2018) MD 21 (1928–2025) NC 21 (1927–2021) AL 20 (1855–2016) NJ 19 (1931–2026) AZ 18 (1966–2023) WA 18 (1937–2026) WV 17 (1916–2018) MO 16 (1921–2015) OR 16 (1919–2025) OH 15 (1951–2025) DE 15 (1973–2026) WI 14 (1882–2021) VA 14 (1851–2017) MN 13 (1889–2024) IA 12 (1915–2019) KY 10 (1916–2019) CO 9 (1960–1998) NM 8 (1938–2023) AR 7 (1891–2007) SC 7 (1897–2024) TN 6 (1985–2015) VT 6 (1933–2022) KS 6 (1922–2013) SD 5 (1962–2016) AK 5 (1984–2026) MS 5 (1924–2019) WY 5 (1936–2011) DC 5 (1979–2001) UT 5 (1920–2020) CT 5 (1836–2019) NV 4 (1965–2013) NH 4 (1851–2019) RI 4 (1916–2021) MT 3 (1919–2017) OK 3 (1918–1924) HI 3 (1997–2013) ID 3 (1982–1995) ME 3 (1984–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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