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 Madisontimberreceiver.com 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.  

19 comments:

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.)

2016 Hottest Reporter Poll

Suscribe to latest on JJ.

Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Who is the hottest reporter?

Archives

Who is the Hottest Reporter in Jackson?

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.