Category Archives: General Legal

Memorial Day – In memoriam

05/31/2021 BowTieLawyer Leave a comment

Memorial Day is a day to remember and honor those who have died in service to this Country.

On Memorial Day, the flag of the United States is raised briskly to the top of the staff and then solemnly lowered to the half-staff position, where it remains only until noon. It is then raised to full-staff for the remainder of the day.

The half-staff position remembers the more than one million men and women who gave their lives in service of their country. At noon, their memory is raised by the living, who resolve not to let their sacrifice be in vain, but to rise up in their stead and continue the fight for liberty and justice for all.

Crime, General Legal, humor

Legal Citation of the Decade: Madison the City, an Old Scandal and FOUL language…

05/20/2021 BowTieLawyer Leave a comment

A recent decision ended the litigation between the Estate of Mark Mayfield vs. The City of Madison. It was a sordid affair involving the Cochran nursing home scandal, a hotly contested U.S. Senate race, a tragic death and multiple twists that prove time and again that truth is stranger than fiction.

You can read the full Order here and see a myriad of comments from legal scholars that post to the Blog; Jackson Jambalaya…

Today’s post just focuses on one quote from Federal Judge, Carlton Reeves’s Opinion.

“At the third and final step, the Mayfields must come forward with evidence that a jury could use to conclude that the City’s probable cause was, for lack of a better term, bullshit. See generally HARRYG. FRANKFURT, ON BULLSHIT (2005) (attempting to define the term). The questions at step three are supposed to be tailored to the particular circumstances of the case…”

“…In this case, the framework suggests that we should ask a series of questions. Did the investigation follow the evidence to its targets, or did the police “round up the usual suspects? ”Was there anything unusual about the timing or the manner of the City’s investigation? Is there any other case where the City Attorney met with the District Attorney and the investigators everyday to discuss charges and be involved in how those charges would proceed? Were persons who engaged in similar conduct also arrested, or were they let off the hook because of more agreeable political beliefs? See Nieves, 139 S. Ct. at 1727.An examination of the evidence adduced in this case satisfactorily answers these questions. Instead of rounding up the most vocal McDaniel supporters, City investigators followed the evidence from Kelly to Mary to Mayfield. The police were given free rein to conduct their investigation as they saw fit, without direction from the Mayor, a Cochran supporter. There is no evidence that before the Rose Cochran incident, the City of Madison was itching for an excuse to go after McDaniel supporters. And there is no evidence of differential treatment of McDaniel and Cochran supporters. As an example, there is no evidence that Cochran supporters entered a McDaniel relative’s home in Madison, after which the City refused to prosecute them.”

It’s not often you see Bullsh*t attempt to be defined in a judicial opinion.

Matthew Thompson is a civil litigation/family law attorney and “LOL-ed” when reading this Opinion.

A Picture is Worth a Decillion Words…Mississippi Politics; Cochran vs. McDaniel

Divorce, General Legal

Does it Take an Act of Congress to Get a Divorce…in Mississippi?

05/11/2021 BowTieLawyer Leave a comment

The Mississippi Constitution of 1817, Article VI, Section 17 , provided that “Divorces from the bonds of matrimony, shall not be granted but in cases provided for by law, by suit in Chancery; provided that no decree for divorce shall have effect until the same shall be sanctioned by two-thirds of both branches of the General Assembly.”

At the time Mississippi became a state it took a vote by 2/3 of the legislature to get a divorce, after a Judge determined you had grounds for divorce.

This requirement for legislative approval was removed in 1869 and likewise did not reappear in the 1890 Mississippi, the state’s current Constitution.

So, no, it does not take an act of the legislature to get a divorce…anymore, but it can still be difficult and possibly impossible in Mississippi without provable fault grounds.

Matthew Thompson is a divorce and civil litigation attorney in Mississippi.

Bow Tie, Divorce, General Legal

When the GATES Come Crashing Down; Bill Gates’ Divorce and How it Impacts YOU.

05/05/2021 BowTieLawyer 1 Comment

The celebrity divorce du jour is Bill & Melinda Gates.

After over a quarter century of marriage, Melinda Gates has sought a no-fault divorce from Bill Gates in the state of Washington. The parties appear to be working on an agreement to resolve the dissolution of the marriage and the division of assets.

Of note, Bill Gates was already a billionaire when the parties met and married. Media reports indicate there was no prenuptial agreement and Washington is a community property state, which bodes well for a 50/50 split of assets.

So, how does this impact you?

It’s a lesson that no matter how much money you have it does not guaranty wedded bliss;
You never truly know the health of a marriage from an outside perspective; and
It really doesn’t impact YOU. It has no bearing on the strength of your relationships.

Matthew Thompson is civil litigation attorney and reminds you that other people’s divorces are not really your drama.

Divorce, General Legal

Chancery Courts, Covid and YOu.

09/16/2020 BowTieLawyer Leave a comment

The Capital Area Bar Association (CABA) recently held it’s second in a series of offerings featuring local Judges in the area discussing the Court’s efforts to adapt to continuing with Court in this Covid-era.

Featured were Chancellors Owens, Grove and Roberts. Yours truly was the moderator for the panel. Some 40-odd attorneys were in attendance for this Zoom conference.

The Judge’s comments were similar with the challenges presented by Covid; some court delay with cases involving multiple litigants/attorneys, technical difficulties, and a little too-lax formality when Zooming.

The pro’s were commented on as well; more economical for parties, more efficient for the Court in certain cases, and allowed for out of town, out of state parties/witness to be accommodated with Zoom hearings.

The consensus is Covid and Zoom are both going to be here for a while so attorneys need to adapt. Additionally, some level of Zoom is here to stay and that will make Court and attorney’s more efficient for clients in the future.

If you are interested in learning more about CABA click.

Matthew Thompson is a civil litigation attorney in MS and managing in a Covid-crazed world.

General Legal, Opinion, Uncategorized

Leadership: MS Style…

06/10/2020 BowTieLawyer Leave a comment

lead·er·ship

noun

the action of leading a group of people or an organization.

Mississippi is in the headlines again. This time due to MS being the last state in the country that has the Confederate battle flag in its state flag.

There is a growing push to change the flag to something that is more representative of MS today, as opposed to the late 1800s.

As usual, there are loud voices pro and con for any change.

However, there are meek voices in between. Our most prominent elected officials are not stating their view, but instead are saying let the people vote. This is not leadership.

We the people elected these persons as our representatives. Their job is to represent the will of the people and do what is best for MS.

While I am supportive of a change in the flag, I understand that others are not, however the task for elected officials is to do and promote what is best for all of Mississippi.

I have yet to have any answer to the question on “why keeping the current flag is best for MS?”

I’ve heard heritage vs. hate arguments. I’ve heard we already voted arguments. I’ve heard the slippery slope arguments of what’s next if it is changed, but what is deafening is any cogent, reasonable reason to maintain the current, indisputably divisive flag.

Leadership is the action of leading. It is time for our Leaders to have an opinion, back it up and do what they believe is best for all of Mississippi. Take a stand.

Matthew Thompson is a civil lawyer in Mississippi and expects elected officials to lead.

General Legal

MS Bar Convention Cancelled

04/27/2020 BowTieLawyer Leave a comment

For the first time in 15 years I will not be attending the annual Mississippi Lawyer’s meeting in San Destin, FL.

https://www.msbar.org/news/bar-convention-in-florida-canceled/

This convention is one of the highlights of lawyering. It’s a week of seeing your judges not in their robes and with their hair down, so to speak.

It’s an opportunity to see lawyers from all over the state in a friendly atmosphere that sometimes the Courtroom does not provide.

The Bar Convention allows attorneys to earn their annual CLE requirements, meet new lawyers, judges and their families, and to unwind.

A virtual Bar will takes its place. I will attend; COVID-19 be damned.

Matthew Thompson is a civil litigation attorney in Mississippi and can answer your questions at (691)850-8000.

Child Custody, General Legal, humor

Quote of the Day: Covid-19 & Homeschooling.

04/26/2020 BowTieLawyer Leave a comment

“I’d rather have him watch classic Godzilla movies and play in the yard and pretend to be a Jedi rather than figure out basic math.”

A Boston, MA parent is tired of homeschooling his kindergartener.

“Amid the barrage of learning apps, video meet-ups and e-mailed assignments that pass as pandemic home school, some frustrated and exhausted parents are choosing to disconnect entirely for the rest of the academic year.“Id.

Respect and admiration for teachers are growing as the pandemic-forced school closures continue.

As a parent, your job is to do what is best for your child, even during a pandemic.

Matthew Thompson is a child custody lawyer and enjoys his share of Godzilla and Jedi movies, but reminds parents that rearing your child continues to be a top priority.