punitive damages instruction in Mississippi

1999On remand, the trial court may consider the submission of a punitive damages instruction based on the independent tort of retaliatory discharge. 681 So.2d at 543 . ¶ 25.

1996In Willard v. Paracelsus Health Care Corp., 681 So.2d 539 (Miss.1996), this Court unanimously found that where two employees of a community hospital were discharged contrary to terms of the employee handbook and policy and procedures manual, in addition to a punitive damages instruction on the former employees’ charges of retaliatory discharge, the jury further should have been instructed on damages for tortious breach of contract: It is possible that a reasonable jury could find an intentional wrong here necessitating the imposition of punitive damages.

1999McQueen Contracting, Inc. v. Fidelity & Deposit Co. of Md., 871 F.2d 32, 34 (5th Cir.1989) (wherein the Court affirmed dismissal of a punitive damages claim against a surety regarding a payment and performance bond).

1999McQueen Contracting, Inc. v. Fidelity & Deposit Co. of Md., 871 F.2d 32, 34 (5 th Cir.1989) (wherein the Court affirmed dismissal of a punitive damages claim against a surety regarding a payment and performance bond).

1999Willard v. Paracelsus Health Care Corp., 681 So.2d 539, 543 (Miss.1996) ( quoting Hill v. Dunaway, 487 So.2d 807, 809 (Miss. 1986) (citations omitted)).

1999Willard v. Paracelsus Health Care Corp., 681 So.2d 539, 543 (Miss.1996) (quoting Hill v. Dunaway, 487 So.2d 807, 809 (Miss.1986) (citations omitted)).

2009However, the Swarek’s addition of a punitive-damages claim, which is an extraordinary remedy not favored in Mississippi law, Bradfield v. Schwartz, 936 So.2d 931, 936 (Miss.2006), does not outweigh their request for specific performance, which is recognized as a traditional and appropriate remedy for the wrong alleged.

2009However, the Swarek's addition of a punitive-damages claim, which is an extraordinary remedy not favored in Mississippi law, Bradfield v. Schwartz, 936 So.2d 931, 936 (Miss.2006), does not outweigh their request for specific performance, which is recognized as a traditional and appropriate remedy for the wrong alleged.

2008See, e.g., Jenkins, 794 So.2d at 232 -33 (citing State Farm Mut.

2008See, e.g., Jenkins, 794 So.2d at 232 -33 (citing State Farm Mut.

2006The trial court denied the request, ruling as follows: This Court under [Illinois Central Railroad Company v. Hawkins] Hawkins v. Illinois Central Railroad Company, [ 830 So.2d 1162 (Miss.2002)], as well as Illinois Central Railroad Company v. White, [ 610 So.2d 308, 320 (Miss.1992)], finds that the actions of the Illinois Central Railroad Company amounts to that of ordinary negligence and that of gross negligence, and there has been no evidence of any aggression on the part of Illinois Central.

2003The trial court denied the request, ruling as follows: This Court under Hawkins v. Illinois Central Railroad Company, [ 830 So. 2d 1162 (Miss. 2002)], as well as Illinois Central Railroad Company v. White, [ 610 So. 2d 308, 320 (Miss. 1992)], finds that the actions of the Illinois Central Railroad Company amounts to that of ordinary negligence and that of gross negligence, and there has been no evidence of any aggression on the part of Illinois Central.

2006Co., 486 So.2d 1222 (Miss.1986), this Court expressly clarified the relationship between a bad faith claim and a punitive damages claim when we stated, "we wish to make it clear that the substantive rule breach of which may subject a party to an assessment of punitive damages is the same in bad faith refusal cases as in any others." Weems, 486 So.2d at 1226 (citations omitted).

2006Co., 486 So.2d 1222 (Miss.1986), this Court expressly clarified the relationship between a bad faith claim and a punitive damages claim when we stated, "we wish to make it clear that the substantive rule breach of which may subject a party to an assessment of punitive damages is the same in bad faith refusal cases as in any others." Weems, 486 So.2d at 1226 (citations omitted).

2004In Colonial Mortgage Co. v. Lee, 525 So.2d 804, 807-08 (Miss.1988), this Court, held that when a trial court is faced with the decision whether to grant a punitive damages instruction "[t]he question is whether there is a sufficient evidentiary basis to warrant the instruction, i.e., is the evidence sufficiently disputed that a jury issue has been made?" The test to determine this is as follows: The test is the same when the propriety of the instruction is tested via post-trial motions for judgment notwithstanding the verdict.

2001In Colonial Mortgage Co. v. Lee, 525 So.2d 804, 807-08 (Miss. 1988), this Court held that when a trial court is faced with the decision whether to grant a punitive damages instruction “[t]he question is whether there is a sufficient evidentiary basis to warrant the instruction, i.e., is the evidence sufficiently disputed that a jury issue has been made?” The test to determine this is as follows: The test is the same when the propriety of the instruction is tested via post- trial motions for judgment notwithstanding the verdict.

2003Walker v. Brown, 501 So.2d 358, 363 (Miss.1989).

2000Walker v. Brown, 501 So. 2d 358, 363 (Miss. 1989).

2002Co. v. Veasley, 610 So.2d 290, 295 (Miss.1992)).

1992Co. v. Veasley, 610 So. 2d 290, 295 (Miss. 1992)).

2002This Court has previously found that "[i]n cases involving insurance contracts, we have found that extra-contractual damages such as attorney fees may be warranted even where the facts are not such to support a punitive damages claim." Garner v. Hickman, 733 So.2d 191, 198 (Miss.1999) (citing Universal Life Ins.

1992This Court has previously found that "[i]n cases involving insurance contracts, we have found that extra-contractual damages such as attorney fees may be warranted even where the facts are not such to support a punitive damages claim." Garner v. Hickman, 733 So. 2d 191, 198 (Miss. 1999) (citing Universal Life Ins.

1998Blue Cross & Blue Shield of Mississippi, Inc. v. Campbell, 466 So.2d 833, 843 (Miss.1984).

1995Blue Cross & Blue Shield of Mississippi, Inc. v. Campbell, 466 So. 2d 833, 843 (Miss. 1984).

1988See Life Insurance Company of Mississippi v. Allen, 518 So.2d at 1193 ; Mississippi Farm Bureau Insurance Co. v. Todd, 492 So.2d 919, 933 (Miss. 1986); see generally Maxwell v. Illinois Central Gulf Railroad, 513 So.2d 901, 905 (Miss. 1987); Stubblefield v. Jesco, Inc., 464 So.2d 47, 54 (Miss. 1985); Paymaster Oil Mill Co. v. Mitchell, 319 So.2d 652, 657 (Miss. 1975).

1987See Scott v. Transport Indemnity Co., 513 So.2d at 897 ; Mississippi Farm Bureau Insurance Co. v. Todd, 492 So.2d 919, 933 (Miss. 1986); see generally Stubblefield v. Jesco, Inc., 464 So.2d 47, 54 (Miss. 1985); Paymaster Oil Mill Co. v. Mitchell, 319 So.2d 652, 657 (Miss. 1975).

1988See Life Insurance Company of Mississippi v. Allen, 518 So.2d at 1193 ; Mississippi Farm Bureau Insurance Co. v. Todd, 492 So.2d 919, 933 (Miss. 1986); see generally Maxwell v. Illinois Central Gulf Railroad, 513 So.2d 901, 905 (Miss. 1987); Stubblefield v. Jesco, Inc., 464 So.2d 47, 54 (Miss. 1985); Paymaster Oil Mill Co. v. Mitchell, 319 So.2d 652, 657 (Miss. 1975).

1987See Scott v. Transport Indemnity Co., 513 So.2d at 897 ; Mississippi Farm Bureau Insurance Co. v. Todd, 492 So.2d 919, 933 (Miss. 1986); see generally Stubblefield v. Jesco, Inc., 464 So.2d 47, 54 (Miss. 1985); Paymaster Oil Mill Co. v. Mitchell, 319 So.2d 652, 657 (Miss. 1975).

1988See Life Insurance Company of Mississippi v. Allen, 518 So.2d at 1193 ; Mississippi Farm Bureau Insurance Co. v. Todd, 492 So.2d 919, 933 (Miss. 1986); see generally Maxwell v. Illinois Central Gulf Railroad, 513 So.2d 901, 905 (Miss. 1987); Stubblefield v. Jesco, Inc., 464 So.2d 47, 54 (Miss. 1985); Paymaster Oil Mill Co. v. Mitchell, 319 So.2d 652, 657 (Miss. 1975).

1987See Scott v. Transport Indemnity Co., 513 So.2d at 897 ; Mississippi Farm Bureau Insurance Co. v. Todd, 492 So.2d 919, 933 (Miss. 1986); see generally Stubblefield v. Jesco, Inc., 464 So.2d 47, 54 (Miss. 1985); Paymaster Oil Mill Co. v. Mitchell, 319 So.2d 652, 657 (Miss. 1975).

2007Nevertheless, United failed to cite the very next sentence which held, "However, this Court has, in recent cases, backed away from a blanket holding that a punitive damages instruction should be not submitted to the jury if a directed verdict was denied on the underlying contract." Grimes further held, "This Court in [ Dixie Insurance v.] Mooneyhan[, 684 So.2d 574 (Miss.1996) ], thus noted that a judge may validly conclude that an insurer lacked an arguable reason to deny the claim and that it acted in bad faith notwithstanding the fact that he refused a directed verdict on the underlying cont

2007Nevertheless, United failed to cite the very next sentence which held, "However, this Court has, in recent cases, backed away from a blanket holding that a punitive damages instruction should be not submitted to the jury if a directed verdict was denied on the underlying contract." Grimes further held, "This Court in [ Dixie Insurance v.] Mooneyhan[, 684 So.2d 574 (Miss.1996) ], thus noted that a judge may validly conclude that an insurer lacked an arguable reason to deny the claim and that it acted in bad faith notwithstanding the fact that he refused a directed verdict on the underlying cont

1990Reserve Life, 444 So.2d at 809 .

1984We now seek to clarify and reiterate our Reserve Life holding. [4] In one of these special circumstance cases where the trial court determines that even though there is a factual issue on liability under the policy, a punitive damages instruction based upon bad faith is also proper, the trial court might consider, as Justice Robertson in his special concurring opinion in Reserve Life, 444 So.2d 803, p. 818 (Miss. 1983), suggested submitting under Rule 49(b) M.R.C.P. the issue of liability to the jury first, and if the jury finds for the plaintiff, then submitting the issue of punitive damages

2021Thus, Cascio has been ordered to pay $321,045.49 in attorneys’ fees and expenses without an explanation, analysis, or justification based on the factors in McKee v. McKee, 418 So. 2d 764, 767 (Miss. 1982), or Rule 1.5(a) of the Mississippi Rules of Professional Conduct.

2005Nevertheless, United failed to cite the very next sentence which held, “However, this Court has, in recent cases, backed away from a blanket holding that a punitive damages instruction should be not submitted to the jury if a directed verdict was denied on the underlying contract.” Grimes further held, “This Court in [Dixie Insurance v.] Mooneyhan, thus noted that a judge may validly conclude that an insurer lacked an arguable reason to deny the claim and that it acted in bad faith notwithstanding the fact that he refused a directed verdict on the underlying contract claim.” Id. at 640 (emphas