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Contractual Waivers of Punitive Damages are Enforceable Under Mississippi Law (at Least Sometimes)

In 4-Way Electric Services, LLC v. Huntcole, LLC, __ So.3d __, 2023 WL 4114332 (Miss. June 22, 2023), the Mississippi Supreme Court considered a dispute between the sellers and buyer of a business that refurbishes electric...more

Snap Back – Snap Removals Must Have Complete Diversity or Face Remand

The Fifth Circuit Court of Appeals recently addressed so-called “Snap Removals” in the case of In re Levy, 52 F.4th 244, 245 (5th Cir. 2022). In Levy, the plaintiff, Calvin Levy, petitioned the Fifth Circuit for a writ of...more

Set Reset – Fifth Circuit Joins the Eleventh – Arbitration Rights Can Revive

In every jurisdiction in the country, the general rule is that a party to litigation waives arbitration rights by “substantially invok[ing] the judicial process to the detriment or prejudice of the other party.”  Subway...more

Logic and the Repo Man: SCOTUS holds that nonjudicial foreclosure firms are not “debt collectors” under the FDCPA

On March 20, 2019, the U.S. Supreme Court resolved a circuit split over whether businesses engaged only in nonjudicial foreclosures—a business principally involved in the enforcement of security interests—is a “debt...more

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