17 Mississippi opinions name it 2 courts 1988–2022 1 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.
| Case | Followed | Cited |
|---|---|---|
Griffin v. Futorian Corp.green2 sentences2009In 1988, this Court reviewed an injured worker's argument that the Court should "recognize that the injuries sustained by him constitute a new tort outside the exclusivity rule of the [Act]." Griffin v. Futorian Corp., 533 So.2d 461, 463 (Miss. 1988). 2009In 1988, this Court reviewed an injured worker’s argument that the Court should “recognize that the injuries sustained by him constitute a new tort outside the exclusivity rule of the [Act].” Griffin v. Futorian Corp., 533 So.2d 461, 463 (Miss.1988). | 4 | 4 |
Southern Farm Bureau Cas. Ins. v. Hollandgreen2 sentences2010In Southern Farm Bureau Casualty Insurance Co. v. Holland, 469 So.2d 55, 59 (Miss.1984), this Court limited Taylor by finding that the Act's exclusivity clause does not bar an injured worker's action against a workers' compensation insurance carrier for the commission of an intentional tort. 2010In Southern Farm Bureau Casualty Insurance Co. v. Holland, 469 So.2d 55, 59 (Miss.1984), this Court limited Taylor by finding that the Act’s exclusivity clause does not bar an injured worker’s action against a workers’ compensation insurance carrier for the commission of an intentional tort. | 2 | 3 |
Magee v. Transcontinental Gas Pipe Linegreen2 sentences1999Richmond argued on appeal that Benchmark was not the type of contractor afforded protection of the statutory employer's exclusivity defense pursuant to Doubleday, Nash, Falls, and Magee v. Transcontinental Gas Pipe Line Corp., 551 So.2d 182, 184 (Miss.1989) (ruling that where the defendant was not required under the Act to provide workers' compensation insurance on the injured plaintiff, defendant could "not gain tort immunity by assuming compensation obligations which in fact and in law it did not have."). 1997Richmond argues that he falls in the exception to this defense noted by the cases of Magee v. Transcontinental Gas Pipe Line Corp., 551 So.2d 182 (Miss. 1989); Nash v. Damson Oil, 480 So.2d 1095 (Miss. 1985); and Falls v. Mississippi Power & Light, 477 So.2d 254 (Miss. 1985). | 1 | 3 |
Newell v. Southern Jitney Jungle Co.green2 sentences2022Newell, 830 So. 2d at 624–25. ¶8. 2003The court stated that Miller contained "a misinterpretation of *925 the exclusivity test ...." Newell v. Southern Jitney Jungle Co., 830 So.2d 621, 624 (¶ 12) (Miss.2002). | 1 | 2 |
Lynn v. Soterra Inc.green1 sentence2009It was not necessary for Buford or Soterra to exclude others from the use of the road, but only that there was “an intention to possess and hold land to the exclusion of, and in opposition to, the claims of all others, and the claimant’s conduct must afford an unequivocal indication that he is exercising dominion of a sole owner.” Keener, 912 So.2d at 956-57 (¶ 6) (quoting Lynn v. Soterra, Inc., 802 So.2d 162, 167-68 (¶ 17) (Miss.Ct.App.2001)) (internal citations omitted). ¶ 22. | 1 | 1 |
Keener Properties, LLC v. Wilsongreen2 sentences2009Keener, 912 So.2d at 957 (¶ 8). 2009It was not necessary for Buford or Soterra to exclude others from the use of the road, but only that there was “an intention to possess and hold land to the exclusion of, and in opposition to, the claims of all others, and the claimant’s conduct must afford an unequivocal indication that he is exercising dominion of a sole owner.” Keener, 912 So.2d at 956-57 (¶ 6) (quoting Lynn v. Soterra, Inc., 802 So.2d 162, 167-68 (¶ 17) (Miss.Ct.App.2001)) (internal citations omitted). ¶ 22. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Peaster v. David New Drilling Co., Inc.
green
2 sentences2003As we understand Peaster's contention, for purposes of this second argument she conceded the distinction between gross negligence or even conduct found to be in reckless disregard for the safety of others and the sort of wilful conduct described in Miller and sought to have injuries based on the former conduct excepted from the exclusivity rule, at least in those situations where the hazardous behavior makes an injury of some sort "substantially certain." Peaster, 642 So.2d at 348-49 . 2002This Court, subsequent to Miller v. McRae's, Inc., 444 So.2d 368 (Miss.1984), stated the two prongs of the exclusivity test as joined by the word "and." See, e.g., Peaster v. David New Drilling Co., 642 So.2d 344 (Miss.1994); Griffin v. Futorian Corp., 533 So.2d 461, 463 (Miss.1988). ¶ 13. | 3 | 1998–2003 |
Taylor v. US Fidelity & Guaranty Co.
green
2 sentences2010Id. at 566 . ¶ 26. 2010Id. at 566 . ¶ 26. | 2 | 2006–2010 |
Lámar v. Thomas Fowler Trucking, Inc.
green
2 sentences2007This is the principal of `up-the-line' immunity, and it has become well-established in Mississippi law." Lamar, 956 So.2d at 919 , 2006 Miss.App. 2003This is the principal of ‘up-the-line’ immunity, and it has become well-established in Mississippi law.” Lamar, 2006 Miss. | 2 | 2003–2007 |
Miller v. McRae's, Inc.
green
2 sentences2002This Court, subsequent to Miller v. McRae's, Inc., 444 So.2d 368 (Miss.1984), stated the two prongs of the exclusivity test as joined by the word "and." See, e.g., Peaster v. David New Drilling Co., 642 So.2d 344 (Miss.1994); Griffin v. Futorian Corp., 533 So.2d 461, 463 (Miss.1988). ¶ 13. 1998This Court, subsequent to Miller v. McRae's, Inc., 444 So. 2d 368 (Miss. 1984), stated the two prongs of the exclusivity test as joined by the word "and." See, e.g., Peaster v. David New Drilling Co., 642 So. 2d 344 (Miss. 1994); Griffin v. Futorian Corp., 533 So. 2d 461, 463 (Miss. 1988). ¶13. | 2 | 1998–2002 |
Falls v. Mississippi Power & Light Co.
green
2 sentences1997Richmond argues that he falls in the exception to this defense noted by the cases of Magee v. Transcontinental Gas Pipe Line Corp., 551 So.2d 182 (Miss. 1989); Nash v. Damson Oil, 480 So.2d 1095 (Miss. 1985); and Falls v. Mississippi Power & Light, 477 So.2d 254 (Miss. 1985). 1994Richmond argues that he falls in the exception to this defense noted by the cases of Magee v. Transcontinental Gas Pipe Line Corp., 551 So. 2d 182 (Miss. 1989); Nash v. Damson Oil, 480 So. 2d 1095 (Miss. 1985); and Falls v. Mississippi Power & Light, 477 So. 2d 254 (Miss. 1985). | 2 | 1994–1997 |
Nash v. Damson Oil Corp.
green
2 sentences1997Richmond argues that he falls in the exception to this defense noted by the cases of Magee v. Transcontinental Gas Pipe Line Corp., 551 So.2d 182 (Miss. 1989); Nash v. Damson Oil, 480 So.2d 1095 (Miss. 1985); and Falls v. Mississippi Power & Light, 477 So.2d 254 (Miss. 1985). 1994Richmond argues that he falls in the exception to this defense noted by the cases of Magee v. Transcontinental Gas Pipe Line Corp., 551 So. 2d 182 (Miss. 1989); Nash v. Damson Oil, 480 So. 2d 1095 (Miss. 1985); and Falls v. Mississippi Power & Light, 477 So. 2d 254 (Miss. 1985). | 2 | 1994–1997 |
Medders v. U.S. Fidelity and Guar. Co.
green
1 sentence2003Medders, 623 So.2d at 980 . | 1 | 2003–2003 |
Richmond v. Benchmark Const. Corp.
green
1 sentence1999Richmond, 692 So.2d at 63 . | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.