NEWS & UPDATES
DISMISSAL AFFIRMED
November 19, 2019
After obtaining dismissal for failure to prosecute in the trial court, H. Benjamin Mullen briefed and Michael R. Moore argued to the Mississippi Court of Appeals their client's arguments for affirming the trial court. The Court of Appeals agreed that the plaintiff failed to timely prosecute her claims and affirmed in favor of BNSC&B's client.
RISING STARS
November 14, 2019
Jessica B. McNeel and Michael R. Moore were named to Super Lawyers 2019 Mid-South Rising Stars List. Jessica was named a Rising Star in the area of Medical Malpractice Defense, and Michael was named a Rising Star in the area of Insurance Coverage.
FIFTH CIRCUIT AGREES NO DUTY TO INDEMNIFY
August 12, 2019
Michael R. Moore and John A. Banahan obtained affirmation from the Fifth Circuit that their client, a general liability insurer, did not owe a duty to indemnify its insured for a state court judgment. The Court agreed that the state court judgment embodied purely economic losses and not property damage as required for coverage.
APPELLATE WIN
May 31, 2019
John A. Banahan, Calen J. Wills, and Michael R. Moore prevailed on appeal to the U.S. Court of Appeals for the Fifth Circuit on behalf of their client, an insurance carrier, finding that the carrier did not owe uninsured motorist benefits. Because the carrier was entitled to assert the defenses of the tortfeasor, and because the tortfeasor was immune from liability under the Mississippi Tort Claims Act, the carrier was likewise “immune” such that it did not owe insurance benefits.
CIVIL SERVICE AFFIRMATION
May 14, 2019
After the civil service commission upheld the termination of a covered employee, the employee appealed, arguing that he was denied due process. Representing the employer, H. Benjamin Mullen successfully obtained an affirmance from the Mississippi Court of Appeals.
ONE COAST RECOGNITION
April 23, 2019
BNSC&B proudly congratulates Jessica B. McNeel on being named one of 2019's Top 10 Business Leaders under 40 by One Coast.
JURY VERDICT FOR UNINSURED MOTORIST CARRIER
April 3, 2019
H. Benjamin Mullen obtained a jury verdict in favor of an uninsured motorist carrier in the County Court of Jackson County, Mississippi. The jury agreed with the insurance carrier that the insured plaintiff failed to prove that the subject motor vehicle collision caused his alleged injuries and, therefore, he was not entitled to any uninsured motorist benefits under the policy.
JURY VERDICT FOR ED PHYSICIAN
February 6, 2019
John A. Banahan and Jessica B. McNeel obtained a jury verdict in favor of an emergency department physician accused of failing to diagnose a spinal epidural abscess.
MISSISSIPPI BAR LEADERSHIP FORUM
January 25, 2019
The Mississippi Bar Association accepted Michael R. Moore into its 2019 Leadership Forum class.
APPELLATE VICTORY FOR SUBCONTRACTOR
January 17, 2019
Vincent J. Castigliola successfully defended an appeal to the Mississippi Supreme Court, after he obtained a judgment in chancery court upholding the validity of a subcontractor's construction lien. In its first interpretation of Mississippi's new comprehensive lien statute, the Mississippi Supreme Court agreed that precedent based upon the Miller Act did not control the dispute.
BNSC&B WELCOMES NEW PARTNERS
January 1, 2019
BNSC&B is proud to announce that Calen J. Wills and Michael R. Moore have joined the firm as partners. Both attorneys previously worked as associates at BNSC&B, making valuable contributions to our team.
FIFTH CIRCUIT VICTORY
December 6, 2018
John A. Banahan and Michael R. Moore obtained a favorable ruling in the United States Court of Appeals for the Fifth Circuit, in which the court affirmed summary judgment in favor of an insurer, finding that the insurer was not vicariously liable for its agent's actions.
SUMMARY JUDGMENT FOR TELECOM CLIENT
June 11, 2018
Jessica B. McNeel obtained summary judgment for a telecom client in a case where a motorist struck a downed utility line. The court agreed that the client was entitled to summary judgment because it lacked notice of the allegedly dangerous condition.
VENUE VICTORY
April 19, 2018
John A. Banahan and Michael R. Moore prevailed on appeal to the Mississippi Supreme Court on behalf of a physician who was sued in an improper venue. The supreme court ordered that the claims against the physician be transferred to the proper venue.
