Wednesday, March 6, 2019

Receiver Raised Concerns About Premises Liability Bill

The SEC-Appointed Receiver in the Lamar Adams fraud case raised some questions about a premises liability bill in the Mississippi legislature on her website. However, the House amended the bill to allay her concerns Receiver Alysson Mills stated on on February 26:

The Mississippi legislature currently is considering Senate Bill 2901, titled the “Landowners Protection Act.” The bill aims to limit the liability of landowners for harms arising on their property.

The bill does not, however, address landowners’ liability only. Section 2 of the bill would amend Mississippi Code § 85-5-7, Mississippi’s general law governing joint and several liability, which applies in all lawsuits.

The amendment could limit joint and several liability in lawsuits, such as the lawsuit against Butler Snow and Baker Donelson, which allege intentional, as opposed to merely negligent, acts. Mississippi Code § 85-5-7 currently provides that there shall be no joint and several liability “in any civil action based on fault”—but it expressly states that “[f]ault shall not include any tort which results from an act or omission committed with a specific wrongful intent.” The amendment would delete the word “not.”

This small deletion redefines “fault” and could potentially change joint and several liability in Mississippi. It is not necessary to serve the purpose of the bill, which is to limit landowners’ premises liability only. The bill could be easily tweaked to avoid unintended consequences.

Investors are rightly concerned that Senate Bill 2901 could affect them and should contact their legislator to discuss it. The Receiver nevertheless is confident that the Receivership Estate will establish defendants’ joint and several liability under Mississippi law.

This post lay dormant online before the Kingfish's inbox blew up with worried readers.  Lord Snow had apparently stolen a march and taken the enemy unawares. 

However, the Receiver's concerns about the effect on the case were made known to Representative Mark Baker.  Mr. Baker introduced an amendment that cleaned up the language to assuage fears.  The bill was altered to address only premise liability lawsuits instead of "any civil action" as stated in the original bill. 

Bill status and history.  


Anonymous said...

Holy cow. Glad it got fixed.

Anonymous said...

She is on her toes and out for blood. Good for her. She seems a lot more competent than some on here originally thought or portrayed.

Anonymous said...

So what you are saying is that Butler Snow drafted and pushed this legislation called the Landowner Protection Act, but they really intended for it to protect slumlords and lordsnows? And Mark Baker, Phillip Gunn, Tate Reeves, and Phil Bryant were all complicit in this scheme to cheat the system until the receiver figured it out and started making noise? And then Baker “does the right thing” by fixing the bill so that it only protects slumlords and not lordsnows?

Got it. Thanks. So proud to be a Mississippian. But I am a little embarrassed to be a republican. Why do we have to try to win by cheating?

Kingfish said...

I didn't say that at all. A Watkins Eager lawyer assisted in drafting the bill.

Anonymous said...

Have to admit KF that the hypothetical machinations detailed by 12:17 are surely within the possibilities of Mississippi good ol' boy intrigue network. Having a non-Lord Snow fixer assist with the bill language would be nothing more than basic Track Covering 101 for that crowd. Really low effort, if you think about it, for Mississippi's Borg to try and arrange an Adams misdirection play.

12:17's cynicism isn't unwarranted, it was fully earned.

Anonymous said...

A "Watkins Eager" lawyer assisted ..... Remember these firms are one large fraternity, standing behind each other when paid to, or need to be. They don't make these moves for the good of mankind.

Anonymous said...

Butler Snow drafted this bill along with Watkins & Eager. Two law firms that apparently don't care about their profession. But Butler Snow apparently cares about protecting its firm by trying to sneak this in. I would say unbelievable, but it's completely believable.

Anonymous said...

A real possibility, although it doesnt fit well with KF and all those anonymous commentators with a Lord Snow fixation:

The bill was designed to protect property owners from lawsuits filed by those trial lawyers that are always looking for deep pockets;

In drafting the bill, they decided to add a little more "tort reform" by defining the term 'fault';

The receiver determined that this change MIGHT affect her lawsuit against BS and DB although when it was drafted nobody involved in the legislation saw that connection (an unusual case in the federal court not connected to the bill's intent);

those in the legislature heard the concern and cleaned it up.

Probably never was a BS or BD connection intended in the legislation; but once the suggestion was made, its an automatic that KF with his love of using the Lord Snow moniker wouldn't pass up the opportunity.

Anonymous said...

Probably? How do you know?

Anonymous said...

Probably not? How do you know?

Anonymous said...

Time will tell if BD or BS have to choke back up MILLIONS they defrauded innocent idiots (especially Roger Wicker). If/when that happens - KF will be vindicated that they are a corrupt fellowship that gorges on stupid Mississippi money - public and private.

Anonymous said...

KF will not be vindicated. That's BS, and I don't mean Butler Snow.

If, and I assume they will - BS at least - they have to "choke back up millions, it will be because of the courts and the receiver. KF wouldn't have done a damn thing to cause that result. He has done a good job of reporting what's been happening in it (which the wonderful new, non-profit Mississippi Today hasn't found the time to include in any of its 'reporting') but KF wasn't responsible for unearthing this scam, or for identifying the various players including Butler Snow.

I realize that there are a few folks on here that want to kiss his ass for anything that drags certain individuals or entities through the muck - but when they are deserved of that dragging, or when they are not - the fact that KF participated doesn't give him the rank of being vindicated in any way for anything.

Time for you to get a life.

Anonymous said...

I'm free to kiss KF's ass all I want. Start your own blog loser.

Anonymous said...

Does it not disturb anyone that one of the most prominent Mississippi-based law firms can only defend itself with technicalities against a federally-appointed receiver in a Ponzi scheme case? Forget all the "Lordsnow" stuff for the moment - the fact that such a justiciable claim can be made against them ought to be cause for real concern. The state of prominent members of the Mississippi bar and legal system is yet another reason the citizens of this state are screwed, regardless of their skin color, gender, sexual orientation, feelings about flags, abortions or pot, etc. Our state is 50th in so many things for a reason, but our people - black, white, straight, gay, sober, drunk or high - are better than the state's ranking. So, what is your excuse for allowing this horseshit to continue?

Anonymous said...

@5:04 Uhhh, Who said KF "participated" in anything other than great reporting? His vindication would be in merely allowing a forum for people to talk about it openly which no other media source is willing to do. Talk about getting triggered much.....and defending BD/BS? YOU need to get a grip on reality because you sound guilty as hell about something....

Anonymous said...

@10:44 Yes, the people are better than the state's overall ranking....but they are not rightly informed. The "press" throughout Mississippi has been bought/sold/bribed/threatened into complicity, and to NOT inquiring too much into the machinations of Mississippi money politics. They are merely allowed to shake the apple cart from time to time, but not overturn it. Therefore, the citizenry remain confused at best, and keep electing do nothing good ol' boys/girls who only serve an inner circle. Mississippi being at the bottom is designed deliberately by the cotton snobs of old...both Republican & Democrat.
Shhhhhhhh....keep your mouth shut or you can't be in on it.

Anonymous said...

Well said!

Anonymous said...

Who notarized many of bogus documents or when will that come out?

Anonymous said...

Well said!

(just thought I'd post that. No particular reason and no particular post in mind. Just wanted to comment so 4:12 would not feel so alone.)

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