6 Mississippi opinions name it 2 courts 1956–2024 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 |
|---|---|---|
Hillman v. Weatherlygreen1 sentence2024Continuing, the supreme court held that “[o]ur rules and precedent make clear that a motion to compel is not a prerequisite to a motion to dismiss when, as here, there is a total failure of a party to participate in discovery.” Id. at 118 (¶30); see Hillman v. Weatherly, 14 So. 3d 721, 727 (¶22) (Miss. 2009) (rejecting plaintiff’s argument that dismissal was improper because the defendant had not filed a motion to compel outstanding discovery and recognizing that “when assessing the propriety of a Rule 41(b) dismissal, the . . . test focuses 11 on the plaintiff’s conduct, not on the defendant’ | 1 | 1 |
Manning v. King's Daughters Medical Centergreen2 sentences2024In the course of its analysis, the supreme court observed that “the fact that [the defendant] did not file a motion to compel [the plaintiff’s] [discovery] responses . . . does not weigh in [the plaintiff’s] favor, as the test regarding a clear record of delay focuses on a plaintiff’s conduct, not on the defendant’s efforts to prod a dilatory plaintiff into action.” Id. at 116 (¶21). 2024Continuing, the supreme court held that “[o]ur rules and precedent make clear that a motion to compel is not a prerequisite to a motion to dismiss when, as here, there is a total failure of a party to participate in discovery.” Id. at 118 (¶30); see Hillman v. Weatherly, 14 So. 3d 721, 727 (¶22) (Miss. 2009) (rejecting plaintiff’s argument that dismissal was improper because the defendant had not filed a motion to compel outstanding discovery and recognizing that “when assessing the propriety of a Rule 41(b) dismissal, the . . . test focuses 11 on the plaintiff’s conduct, not on the defendant’ | 1 | 1 |
Sojitz America Capital Corp. v. Kaufmangreen2 sentences2016Id. “[Tjhe board need not take any specific measures in the course of its inquiry, but instead must engage only in a reasonable inquiry, which varies according to the board’s knowledge and the issues at hand.” Id. at 580 . 2016Id. “[Tjhe board need not take any specific measures in the course of its inquiry, but instead must engage only in a reasonable inquiry, which varies according to the board’s knowledge and the issues at hand.” Id. at 580 . | 1 | 1 |
Doe v. Yale Universitygreen2 sentences2007In Doe v. Yale University, 252 Conn. 641 , 748 A.2d 834, 847 (2000), the court, citing Garrett and other cases, recognized that "[t]he duty of an educator or supervisor to use reasonable care so as not to cause physical injury to a trainee during the course of instruction or supervision is not novel." In Arizona, a college owes its student a duty of reasonable care not to expose the student to an unreasonable risk of harm. 2007In Doe v. Yale University, 252 Conn. 641 , 748 A.2d 834, 847 (2000), the court, citing Garrett and other cases, recognized that "[t]he duty of an educator or supervisor to use reasonable care so as not to cause physical injury to a trainee during the course of instruction or supervision is not novel." In Arizona, a college owes its student a duty of reasonable care not to expose the student to an unreasonable risk of harm. | 1 | 1 |
Washington v. Stricklandgreen1 sentence1983Washington v. Strickland, 693 F.2d 1243, 1262 (5th Cir.1982) (overruling Washington v. Strickland, 673 F.2d 879 (5th Cir.1982)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Garrity v. New Jersey
green
2 sentences1984You are further advised that by law any admission made by you during the course of this hearing, interrogation or examination cannot be used against you in a subsequent criminal proceeding. [Emphasis added] In Garrity v. New Jersey, 385 U.S. 493 , 87 S.Ct. 616 , 17 L.Ed.2d 562 (1967), police officers being questioned by the state attorney general's office were told they did not have to answer any questions and anything they said could be used against them. 1984You are further advised that by law any admission made by you during the course of this hearing, interrogation or examination cannot be used against you in a subsequent criminal proceeding. [Emphasis added] In Garrity v. New Jersey, 385 U.S. 493 , 87 S.Ct. 616 , 17 L.Ed.2d 562 (1967), police officers being questioned by the state attorney general's office were told they did not have to answer any questions and anything they said could be used against them. | 1 | 1984–1984 |
David Leroy Washington v. Charles E. Strickland, Superintendent, Florida State Prison, and Jim Smith, Attorney General of the State of Florida
green
1 sentence1983Washington v. Strickland, 693 F.2d 1243, 1262 (5th Cir.1982) (overruling Washington v. Strickland, 673 F.2d 879 (5th Cir.1982)). | 1 | 1983–1983 |
Smith v. Roueche
green
1 sentence1956It is a fact well known that there are many persons who would not purchase an automobile, and especially a second-hand automobile, unless and until it ha,s been tested either by themselves personally or by some person in whose judgment they have particular confidence, all this to be entirely away from and out of the presence of the dealer or his agent and their persuasive dealer’s talk. ’ ’ In the case of Hart v. Moore, 171 Miss. 838 , 153 So. 490 , this Court said: “In no relation of life do men conduct their affairs as though crime will be committed whenever it may be. | 1 | 1956–1956 |
Hart v. Moore
green
1 sentence1956It is a fact well known that there are many persons who would not purchase an automobile, and especially a second-hand automobile, unless and until it ha,s been tested either by themselves personally or by some person in whose judgment they have particular confidence, all this to be entirely away from and out of the presence of the dealer or his agent and their persuasive dealer’s talk. ’ ’ In the case of Hart v. Moore, 171 Miss. 838 , 153 So. 490 , this Court said: “In no relation of life do men conduct their affairs as though crime will be committed whenever it may be. | 1 | 1956–1956 |
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.