Latest 3 Cases: Navient Corporation v. Mississippi ex rel. Fitch, Attorney General (Banking), Curry v. The Victim Compensation Division (Civil ...

Constitutional Problems With the Kentucky Proposal (Supported by Mitch McConnell) to Change the Way U.S. Senate Vacancies Are Filled

VIKRAM DAVID AMAR

In this second of a series of columns, Illinois Law dean and professor Vikram David Amar comments on the Kentucky proposal to change the way U.S. Senate vacancies are filled. Dean Amar argues that the Seventeenth Amendment precludes such a proposal, which would allow the state legislature to substantively constrain the governor’s choices in making a temporary appointment.

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Navient Corporation v. Mississippi ex rel. Fitch, Attorney General

Citation: 2019-IA-01391-SCT

Opinion Date: March 25, 2021

Judge: Josiah D. Coleman

Areas of Law: Banking, Civil Procedure, Consumer Law

In 2018, the State of Mississippi filed a complaint against Navient Corporation and Navient Solutions, LLC (together, “Navient”), alleging that Navient’s origination of high-cost, subprime loans and predatory practices while servicing student-loan borrowers in Mississippi violated the Mississippi Consumer Protections Act. Navient moved to dismiss on two grounds: failure to state a claim and lack of venue. In 2019, the chancery court denied Navient’s motion; Navient timely petitioned the Mississippi Supreme Court for an interlocutory appeal, arguing that federal law preempted the State’s servicing claims and that injunctive relief under the Act did not apply because the alleged loan-origination misconduct ceased and could not recur. To this the Supreme Court disagreed and affirmed the trial court.

Curry v. The Victim Compensation Division

Citation: 2020-CP-00920-SCT

Opinion Date: March 25, 2021

Judge: Michael K. Randolph

Areas of Law: Civil Procedure

In 2018, Curtis Curry sent an application for compensation to the Victim Compensation Division of the Mississippi Attorney General’s Office. Curry’s claim arose from an aggravated assault that occurred on December 29, 2016, in Clarksdale, Mississippi. While Curry was in his home, two individuals entered his home, assaulted him at gunpoint, and stole $517. Curry was taken to a hospital via ambulance. After reviewing his petition, the Victim Compensation Division denied his claim on the ground that Curry was under the actual or constructive supervision of the Department of Corrections at the time of the assault, contrary to the requirements for compensation under Mississippi Code Section 99-41-17(1)(j) (Rev. 2020). Curry requested a contested hearing to dispute the Victim Compensation Division’s decision. At that hearing, Curry admitted he was on probation with the Mississippi Department of Corrections as of December 29, 2016, but assailed the constitutionality of Mississippi Code Section 99-41-17(1)(j) on the grounds that it was ambiguous and offensive to his rights under the Fourteenth Amendment to the United States Constitution. A hearing officer of the Victim Compensation Division entered an order denying Curry's application for compensation. Curry appealed a circuit court order dismissing his appeal for lack of appellate jurisdiction. Curry argued the circuit court erred by determining it lacked jurisdiction due to his failure to file a cost bond as required by Mississippi Code Section 99-41-13(a) (Rev. 2020). In examining the case de novo, the Mississippi Supreme Court found the circuit court was correct to hold it lacked jurisdiction. Accordingly, judgment was affirmed.

Gonzalez v. Coastal Industrial Contractors, Inc.

Citation: 2019-CA-01435-SCT

Opinion Date: March 25, 2021

Judge: Josiah D. Coleman

Areas of Law: Personal Injury

Clayton Harmer, an employee of Coastal Industrial Contractors, failed to yield to a stop sign. The ensuing collision injured Leighann Gonzalez, who filed suit against Coastal Industrial Contractors and Harmer. Coastal admitted vicarious liability by stipulation and then moved to dismiss Harmer. The court dismissed Harmer pursuant to Mississippi Rule of Civil Procedure 41. A bifurcated jury trial took place, and the jury awarded Gonzalez compensatory damages in the amount of $3.5 million. Before the punitive damages phase of the bifurcated trial, Gonzalez made an ore tenus motion for recusal and mistrial, which the judge denied. The court granted a directed verdict to Coastal on the issue of punitive damages. Gonzalez appealed. Finding no reversible error, the Mississippi Supreme Court affirmed the trial court judgment.