Illinois Central motion (Mississippi) · Go Syfert
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Illinois Central motion in Mississippi

6 Mississippi opinions name it 2 courts 2000–2023 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.

Followed or applied (6)

CaseFollowedCited
Beck v. Sapetgreen
miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023In this case, the circuit court granted Illinois Central’s motion to dismiss under the legal standard provided in Beck, 937 So. 2d at 948 (¶6), and determined that dismissal with prejudice was the proper remedy for McAlpin’s violation of three separate court orders.

11
Irby v. Travisgreen
miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2012–2012
2 sentences

2012Irby, 935 So.2d at 890 .

2012Irby v. Travis (Travis I), 935 So.2d 884, 890 (Miss.2006) (emphasis added).

11
Poole Ex Rel. Poole v. Avaragreen
miss · 2005 · cited in 1 Mississippi opinions naming this issue, 2012–2012
2 sentences

2012Poole v. Avara, 908 So.2d 716, 726 (Miss.2005).] Thus, we are unable to find that the trial court committed error in denying Illinois Central’s motion for a judgment notwithstanding the verdict; therefore this issue is without merit.

2012Poole v. Avara, 908 So.2d 716, 726 (Miss.2005).] Thus, we are unable to find that the trial court committed error in denying Illinois Central’s motion for a judgment notwithstanding the verdict; therefore this issue is without merit.

11
Cohen v. Cohengreen
miss · 1999 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009See Cohen v. Cohen, 748 So.2d 91, 93 (¶ 12) (Miss.1999). ¶ 17.

11
F.D.P. v. J.S.B.green
miss · 2002 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009The supreme court has clearly held that any petition to set aside an adoption alleging fraud must be brought within six months after the entry of the adoption. 822 So.2d at 953 (¶15).

11
In Re Estate of Reidgreen
miss · 2002 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009See Pluskat, 825 So.2d at 7 (¶ 23). “[W]e [must] recognize that the trial court is best able to determine whether a fraud has been perpetrated upon it.

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
Thomas Fashauer, Jr. v. New Jersey Transit Rail Operations, Inc green
ca3 · 1995
1 sentence

2019In granting Illinois Central’s motion to exclude Young’s vocational and economic experts, the circuit court relied on Quinones-Pacheco v. American Airlines Inc., 979 F.2d 1 (1st Cir. 1992), and Fashauer v. New Jersey Transit Rail Operations Inc., 57 F.3d 1269 (3d Cir. 1995).

12019–2019
Daubert v. Merrell Dow Pharmaceuticals, Inc. green
scotus · 1993
1 sentence

2019The circuit court granted Illinois Central’s motion to 2 exclude, finding that Dr. White’s opinions did not meet the standard set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

12019–2019
Valentin Quinones-Pacheco v. American Airlines, Inc., Valentin Quinones-Pacheco v. American Airlines, Inc. green
ca1 · 1992
1 sentence

2019In granting Illinois Central’s motion to exclude Young’s vocational and economic experts, the circuit court relied on Quinones-Pacheco v. American Airlines Inc., 979 F.2d 1 (1st Cir. 1992), and Fashauer v. New Jersey Transit Rail Operations Inc., 57 F.3d 1269 (3d Cir. 1995).

12019–2019
Perry County v. Ferguson green
miss · 1993
1 sentence

2009Although the chancellor, in his order denying Illinois Central’s motion to intervene, did not rely on Perry County v. Ferguson, 618 So.2d 1270 (Miss.1993), the majority does. ¶ 55.

12009–2009
Townsend v. Forest Packing Co. green
miss · 1969
2 sentences

2009Although the chancellor found that Illinois Central lacked standing to attack the adoption, he did recognize in his order denying Illinois Central’s motion to intervene that Whiteway Finance Co. v. Parker, 226 So.2d 903 (Miss.1969), provided that a court may set aside a final judgment where the decree is void because of fraud in its acquisition.

2009The chancellor expressly recognized that this would “presumably be the case even in an adoption proceeding where there is a six[-]month statute of limitations against filing a collateral attack of a final judgment.” 11 Indeed, the Whiteway Finance court opined that “[cjourts have the inherent power to vacate a judgment at a subsequent term of court when the judgment is void because of fraud in its procurement or when the court lacks power to enter it.” Id. at 904 .

12009–2009
Charles D. Gautreaux v. Scurlock Marine, Inc. green
ca5 · 1997
1 sentence

2000The objection was not based on Gautreaux, supra, nor was that case brought to the circuit court’s attention.

12000–2000

Statutes the citing opinions construe

USC § 45u.s.c.51 (3)

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.

Where else courts name it

MS 6 (2000–2023) IL 2 (1988–2020) MO 2 (1992–2001)

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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