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Mike Chaney: BCBS, HMA Reach Deal
By R.L. NaveMississippi Insurance Commissioner Mike Chaney announced a deal in an ongoing dispute between Hospital Management Associates and BlueCross & BlueShield of Mississippi. Here's Chaney's statement:
"I am very pleased that Blue Cross & Blue Shield of Mississippi moved forward today October 21, 2013 to recognize four HMA hospitals for network benefits. Three of the HMA hospitals are located in Amory, Batesville and Clarksdale, rural areas of the state. The fourth, Women’s Hospital in Flowood provides specialty medical service for women.
I would emphasis that the hospitals were not put back into the network of BCBS, but will be recognized as network providers and BCBS will provide in-network rates to its members that receive medical service at these hospitals.
Even with this action by BCBS, my office will continue to conduct an in-depth statewide network adequacy review to ensure compliance with market standards and statutory provisions.”
The Deweycare Government Health-Care Takeover in Full Swing
By R.L. NaveWhen the government fears the people, there is liberty. When the people fear the government, there is tyranny. — Thomas Jefferson
This afternoon, Gov. Phil Bryant followed through on his promise to issue an executive order for BlueCross & BlueShield of Mississippi to accept 10 Hospital Management Associates facilities into their provider networks.
The health companies have been beefing over money for a few months now.
Bryant had said that if the parties didn't work something out, he would step in order to ensure continuity in patient access to care.
Obviously aware of that given his chest beating about the government staying out of the affairs of private businesses, meddling with BCBS/HMA might come off as hypocritical (see his opposition to Medicaid expansion and Obamacare in general), Bryant's statement to the press reads:
"The Order issued by Gov. Bryant does not attempt to resolve the parties’ dispute over prior payments under their contracts, and it expresses no opinion and has no effect on that issue or their ongoing lawsuit. Rather, the Order is intended to preserve access to care until a full investigation is complete."
Bryant hoped the sides could come up with a resolution, but when they did not, said "as governor, I cannot sit back and allow Mississippian’s access to care to be threatened in violation of state law."
His order, good for at least 60 days, comes one day after Mississippi Insurance Commissioner Mike Chaney announced a deal whereby four HMA would be considered part of BCBS' network.
If the governor's actions are puzzling in that context, remember that Bryant also fought Chaney, a fellow Republican statewide officeholder, on setting up a state-based health-care exchange for the Affordable Care Act. The tiff caused the federal government to step in and set an exchange on Mississippi's behalf.
So, yeah, our governor has some control issues.
MoJo: Chris McDaniel Spoke at Confederate Ball; McDaniel Denies: I Was at an ALEC Event
By R.L. NaveMother Jones, the liberal investigative-news magazine that broke the story of Mitt Romney's 47 percent remark during the presidential campaign, is now taking aim at Mississippi politics.
MoJo reports that in August, state Sen. Chris McDaniel, who last week announced his candidacy for the U.S. Senate, addressed a "a neo-Confederate conference in Laurel, Miss., near his hometown of Ellisville."
Attendees were reportedly urged to dress in "Confederate uniforms and antebellum ball gowns or wee kilties."
McDaniel told the Clarion-Ledger political editor Geoff Pender, however, that he never attended the ball and was at a meeting of the American Legislative Exchange Council at the time.
MoJo doesn't provide any videographic proof but quotes sources saying that McDaniel attended the ball (the invitation listing McDaniel can be found here), but reports:
McDaniel was joined at the Southern Heritage Conference by Al Benson, a historian from Louisiana, who talked about his book Red Republicans & Lincoln Marxists, which speculates that Lincoln's actions during the Civil War were influenced by the writings of Karl Marx. ("Was Abraham Lincoln influenced by communism when the Union condemned the rights of Southern states to express their independence? It’s shocking to think so.") Benson's Amazon bio describes him as "a true Copperhead," a reference to Northern Democrats who supported the Confederate cause. In the September issue of the Rosin Heels newsletter, Benson writes that the nation's public school system was a product of "spiritual apostasy" by Unitarians and socialists.
The third speaker at the event was Ryan Walters, a PhD student at the University of Southern Mississippi who occasionally guest-hosts "The Right Side," the radio program McDaniel hosted before he entered politics (and still regularly appears on). Walters worked for McDaniel's first political campaign and previously suggested that President Obama was preparing to send army tanks to Texas. "As you recall, there was great controversy over Obama's birth certificate, which hasn't really been solved, but that's another story," he wrote in a recent blog post.
McDaniel is the first, and may end up being the only, Republican to come out and challenge the veteran Sen. Thad Cochran. McDaniel is one of the Tea Party's favorite legislators; Cochran is one of the Tea Party's most hated.
Mother Jones points out that the Rosin Heels has put up billboard wishing Confederate president and former Mississippi resident Jefferson Davis a happy birthday/
Now, in fairness to the Rosin Heels and to McDaniel, the Mississippi Senate once adjourned in memory of southern General Robert E. Lee and Dr. Martin Luther King Jr., whom share a recognized birthday, at the suggestion of African American state Sen. Hillman Frazier of Jackson.
Updated to reflect a correction. A previous version misstated that MoJo did not quote sources saying McDaniel attended. The magazine did report that one of the organizers confirmed McDaniel's attendance.
Federal, State Indictments Rain Down in DMR Probe
By R.L. NaveBill Walker, the former executive director of the Mississippi Department of Marine Resources, and nine other people have been indicted on state and federal charges related to an ongoing investigation into the state agency's spending.
State Auditor Stacey Pickering issued the following statement:
GULFPORT, Miss.- Federal and state grand juries returned indictments this week following a joint investigation into the activities of the Mississippi Department of Marine Resources (“DMR”) and a $3 million grant issued to the City of D’Iberville, announced U.S. Attorney Gregory K. Davis, FBI Special Agent in Charge Daniel McMullen, Mississippi State Auditor Stacey Pickering, Second Circuit District Attorney Joel Smith and Nineteenth Circuit District Attorney Tony Lawrence. The State Auditor’s Office also issued civil demands totaling more than $1 million.
William W. Walker, 68, of Ocean Springs, Scott J. Walker, 34, of Ocean Springs, Sheila Tina Shumate, 52, of Saucier, and Joseph C. Zeigler, Jr., 66, of Gulfport, have been named in a five-count federal indictment, returned on Tuesday, November 5, 2013, charging conspiracy to commit federal program fraud, federal program fraud, conspiracy to commit mail fraud and mail fraud involving DMR and the Mississippi Marine Resources Foundation.
Scott J. Walker is also named in a separate federal indictment along with Michael Janus, age 47, of Biloxi, charging conspiracy to commit program fraud, program fraud, bribery in connection with a federal program and money laundering. The indictment alleges that Walker and Janus caused a false invoice in the amount of $180,000 to be submitted to the City of D’Iberville for payment of consulting services.
A Harrison County grand jury returned indictments this week against Sheila Tina Shumate, Leslie Young Gollott, Susan Perkins, Jere Grant Larsen, Jr. and Kerwin Cuevas for multiple counts of fraud and embezzlement which allegedly occurred during their employment with the Department of Marine Resources.
In addition, the Mississippi State Auditor’s Office issued demands against ten individuals as part of this investigation totaling $1,022,308.55. The individual demands are listed below:
William Walker- $362,689.14 Joseph Ziegler- $258,268.75 Sheila Shumate- $127,608.57 Leslie Gollott- $117,593.10 Susan Perkins- $ 30,959.34 Grant Larson- $1,342.08 Kerwin Cuevas- $108,420.70 Walter Chataginer- $1,279.85 Kerry Endris- $13,020.66 Samantha Hebert- $1,126.36 “The indictments and demands announced today are one step toward restoring the trust of taxpayers, but they do not close the investigation,” State Auditor Stacey Pickering said. “As alleged in the indictments, these men and women abused their positions, stole from the taxpayers of Mississippi, and they will be held accountable for their actions. I appreciate the hard work and cooperation from the local, state and federal agencies involved including our Special Agents, District Attorneys Joel Smith and Tony Lawrence, Gregory Davis, U.S. Attorney for the Southern District, and Daniel McMullen, Special Agent in Charge for the Federal Bureau of Investigation.”
The public is reminded that an indictment is an allegation that a defendant has committed a crime. All defendants are presumed innocent until and unless proven guilty.
Will New Hinds Supes Depose Graham, Stokes?
By R.L. NaveJust as Sam Cooke predicted, a change is gonna come—to the Hinds County Board of Supervisors.
Last week, the board's two newest members—Darrel McQuirter of District 2 and Tony Greer of District 4—were officially sworn in and will sit for their first meeting on Monday, Nov. 18.
The additions represent a huge shift in power on the board of supervisors, where President Robert Graham and Vice President Kenneth Stokes have run the show for a long time. Along with ex-interim Supervisor Al Hunter, the three men could—and did—do whatever they wanted.
With the new dynamics, the question now becomes whether Graham and/or Stokes be deposed as board president and vice-president?
Either scenario is plausible.
Stokes was vocally anti-McQuirter during the Democratic primary for the District 2 seat, supporting challengers Willie Earl Robinson and, later, Hunter. Graham, although he did not publicly take sides in the special election, has locked horns with Hobson-Calhoun on a number of issues in the past, and she could seek payback by removing him from power.
Greer, a white Republican, is unlikely to get either of the board's top two slots, but will nonetheless be influential (perhaps even more so than his predecessor, Phil Fisher) because of his relationship with Democrat McQuirter.
The other interesting thing to watch will be how McQuirter's relationship develops with Jackson Mayor Chokwe Lumumba, who also endorsed Robinson in the primary. If there is any tension the men, they will have to bury the hatchet and find a way to work together as a large chunk of District 2 overlaps with the city.
iOlé, Miss.!
By R.L. NaveA different kind of BS is coming to the capital city.
In December, what organizers say is Mississippi's first ever bullfight charges into the Kirk Fordice Equine Center, next to the Jackson Coliseum, at the state fairgrounds.
I know, you're saying to yourself that bullfighting is cruel and barbaric. To that, the organizers say through a statement: "While traditional bullfighting ends in the killing of the bull in the arena (except in Portugal, that is illegal), this exhibition will NOT end in the bulls’ death. The bullfighting will be authentic in every way, but the bulls will NOT be killed."
That's not to say that the who isn't still muy peligroso as it still involves relatively tiny men taunting a 2,000-pound animal.
It'll be fun for the whole family. Admission is free for children 5 and under; for everyone over 6, it costs $25 to see "internationally known, professional award-winning toreros and matadors Alberto Valente and Alberto 'El Cuate' Espinoza of Mexico."
Tickets are available through Ticketmaster or at the box office.
http://jacksonfreepress.com/users/photos/2013/nov/14/14648/
Stokes a No-Show as Board Moves to Fix Jail
By R.L. NaveFollowing through on earlier promises, the newly configured Hinds County Board of Supervisors gave $2.1 million back to the Byram-Clinton Corridor project and earmarked another $1 million to make repairs at the Raymond Detention Center.
Over the past few months, some supervisors had made a habit of taking money out of the corridor-renovation fund for parks and recreation and improving roads in their districts.
The moves drew criticism from proponents of the corridor project, which is intended to draw economic development to the county. Those critics included then-candidates Darrel McQuirter and Tony Greer of District 2 and District 4, respectively
This morning, Greer said he hoped the $1 million allocation to the jail would help the county "get on track" with fixing problems at jail so that the sheriff could focus on crime prevention.
Stokes, long a vocal critic against the Byram-Clinton Parkway, was not in attendance this morning nor was a reason given for his absence.
In other board action, McQuirter asked that no new contracts be executed until he and Greer have a chance to review them. Also, at Greer's urging, the board will develop a policy for board leadership positions to rotate regularly. District 1 Supervisor Robert Graham has served as board president since January 2012; Stokes has served as vice-chair, also since January 2012.
Ross Barnett Rez Name-Change Effort Certain to Draw Racist Vitriol
By R.L. NaveWJTV-TV reports that a Jackson woman is circulating a petition to rename the Ross Barnett Reservoir.
"The past of Mississippi is riddled with hate and racism. And, I’m trying to show everyone else that Mississippi isn't like that anymore," the woman told JTV.
For anyone needing a refresher, Barnett was a segregationist governor of Mississippi. Well, he was one of the state's segregationist governors, but Barnett was among the most vocal in his opposition to human rights for black people, and he happened in this lifetime. There are people living today who could have voted for him.
But never mind all that because the woman behind the petition is named TaJuana Byrd. If I know the Jackson-area media and blogosphere, the conversation in the coming hours and days will certainly devolve into attacking this African American woman for being the race baiter attempting to dredge up old, forgotten memories -- all over the name of a silly fake lake.
Stay tuned.
City Lifts Boil Water Notice
By R.L. NaveFrom the office of Jackson Mayor Chokwe Lumumba: "After two (2) consecutive days of clear water sampling, the citywide precautionary boil water notice has been lifted. The precautionary advisory only affected customers on the City of Jackson Surface Water System."
AG JIm Hood Clarifies Open Carry Law
By R.L. NaveVerbatim press release:
Attorney General Issues Opinion to Clarify Gun Carry December 5, 2013
Contact: Jan Schaefer Public Information Officer 601-359-2002 [email protected]
Jackson, MS- An opinion released by Attorney General Jim Hood outlines where concealed stun guns, revolvers and pistols can be carried by enhanced permit holders on public property even where the state or local governmental entity has posted signage prohibiting the carrying of weapons. While the Office of the Attorney General seldom does press releases on opinions released from the Opinions Division, Attorney General Jim Hood hopes the opinion will provide the public with a more definitive list of where they can and cannot carry with the enhanced permit.
“Our office has been asked to issue a series of opinions regarding the open carry, concealed carry and enhanced carry of firearms,” said Attorney General Hood. “I think this most recent opinion was a good effort to summarize our convoluted gun laws, and particularly our enhanced carry statutes. It contains a concise list of places a person with an enhanced carry permit may carry. I hope it will serve as a guide to advanced permitees, public officials and law enforcement."
The opinion, written to the City of Corinth, outlines the following places where the Mississippi statutes authorize a person with an enhanced permit to carry regardless of signage posted by a state governmental entity:
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Any polling place. – (Other than the Section 45-9-101(13) prohibiting regular permit holders from carrying in polling places, Mississippi Code Sections 23-15-895 (relating to armed candidates) and 97-13-29 (military officer keeping armed troops within one mile of an election) are the only other state law restrictions regarding firearms in polling places.)
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Any meeting place of the governing body of any governmental entity. – (It is the opinion of this office that the phrase meeting place means the room in which a meeting transpires as opposed to the entire building. Thus, although an enhanced permit holder would be entitled to carry a concealed pistol or revolver into a meeting place, that individual would not have unfettered gun carrying access to places within the building that are not generally open to the general public. See MS AG Op. Cantrell (Oct. 1, 2013)).
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Any meeting of the Legislature or a committee thereof. – (Notwithstanding this language, it is the understanding of this office that the House and the Senate have each passed rules or regulations restricting the right of individuals to carry weapons at meetings of the Legislature or its committees.)
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Any school, college or professional athletic event not related to firearms. – (This provision authorizes an enhanced permit holder to carry a stun gun, concealed pistol or revolver into non-firearm related events even if signage is posted pursuant to Section 45-9-101(13). However, if signage were posted relating to a firearm related school, college or professional event, enhanced permit holders would not be authorized to carry their weapons.)
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Any portion of an establishment, licensed to dispense …
ACLU: Couple Researching Mississippi Stereotypes Are Racially Profiled in Mississippi
By R.L. NaveFrom the you can't make this ish up file, the Mississippi American Civil Liberties Union filed a complaint this afternoon alleging the Mississippi Highway Patrol engaged in racial profiling and violated the First, Fourth and Fourteenth Amendment rights of Raymond Montgomery and Cathryn Stout, who are African American.
The stop happened Aug. 8 just north of Jackson on I-55 South, the ACLU said. A doctoral student at Saint Louis University, Stout "was traveling to Jackson to conduct interviews for a paper on Mississippians’ efforts to combat negative stereotypes of their state," the ACLU said.
According to the ACLU's press release, troopers pulled the couple over for Stout's Alpha Kappa Alpha Sorority, Inc. — a historically African American sorority — license plate holder. The release goes on to say:
"When (the couple) exercised their constitutional right to refuse to consent to a search, the trooper called his supervisor, Staff Sergeant Brad Vincent. The plaintiffs watched helplessly as troopers riffled through their suitcase and invaded their privacy. The troopers even dismantled the panels of their interior doors and looked under the hood of their car. In an effort to document the troopers’ actions, Stout tried to record the events on her phone camera. She was told to stop, and fearing arrest, she did. Their hour-long humiliation finally ended when the troopers could not find any contraband. They were sent on their way without any ticket, or an apology."
Stout noted the irony that the whole purpose of her trip was to show how far Mississippi has come in combating the image that the state is racially hostile.
"Unfortunately, my experience with the Highway Patrol revealed a much different picture,” Stout said.
Interestingly, at an Aug. 2012 legislative hearing on immigration reform, Vincent testified that Mexico-based cartels frequently transport narcotics through Mississippi and that the telltale signs of foreign drug mules, include old vehicles with new registrations filled with personal belongings. So it's possible that MHP thought Stout and Raymond (pictured below) were drug runners from south of the border.
The lawsuit, in which Department of Public Safety Commissioner Albert Santa Cruz is named as the main defendant, was filed in federal court in Jackson.
http://jacksonfreepress.com/users/photos/2013/dec/13/14981/
For Some Reason, Phil Bryant Thinks Feds Want to Educate Mississippi's Kids
By R.L. NaveMississippi routinely lags the rest of the nation when it comes to educating or kids.
Apparently, Gov. Phil Bryant is under the impression that the federal government -- with everything it's dealing with related to the rollout of the health law -- now wants to try to fix Mississippi's public-education system.
He can probably relax. Mississippi officials haven't even seemed interested in educating Mississippi's kids, considering the chronic underfunding of the state's public-education formula in recent years. So it seems unlikely the feds are interested in taking on that task.
But this afternoon, Bryant issued an executive order "affirming Mississippi’s right and responsibility to define and implement its own public school standards and curricula" and making it clear that "under state law, this core function of state government cannot be ceded to the federal government."
According to a news release from Bryant's office, the order comes as on the heels of the state's implementation of Common Core State Standards, and affirms that:
-the state and its local public school districts, not the federal government, shall determine public school standards and curricula.
-the state and not the federal government shall select statewide assessments, and local school districts may implement additional assessments to monitor academic progress.
-no federal law or grant currently purports to mandate the adoption of any uniform, nationwide academic standards, curricula, or assessments.
-the state is under no obligation to comply with any future federal mandates for uniform academic standards, curricula or assessments.
-the collection of test data and other student information pertaining to academic performance shall comply with all laws that protect student and family privacy.
-the constitutional rights of Mississippi school children and their families will not be violated as result of federal education decisions.
-that, in accordance with applicable law, homeschool students are not bound by K-12 academic standards set by the Mississippi Department of Education.
Forbes Features HOPE's Bill Bynum
By R.L. NaveLast week, Forbes Magazine ran an interesting Q&A with HOPE Enterprise Corp.'s chief-executive officer Bill Bynum.
Bynum told interviewer Willy Foote that the population HOPE serves through its credit union is similar to a developing nation and talked about why HOPE is successful, saying:
"It’s certainly not easy but it doesn’t require rocket science. The tools are by and large the same ones that the banks use. Our difference is that we add a commitment to serving these markets. It’s a matter of will. We are very committed to making sure people have access to capital regardless of who their parents were, or where they live or what they look like. "
Read the rest of the interview here.
A New Wonk Blog for Mississippi
By R.L. NaveThere's a new place for state government news, commentary and analysis. It's called Rethink Mississippi, and it's a project of the William Winter Institute for Racial Reconciliation at Ole Miss.
According to the site's "about us" page, Rethink Mississippi "is a forum for insight, analysis, and debate about Mississippi’s critical long-term issues — run by and intended for the people committed to working on these issues in the future. RM offers a space for Mississippi’s emerging leaders to be heard, and, more importantly, to hear from each other. In short, we want the people who will shape the public policy of tomorrow discussing it today at RM."
Lumumba to Legislators: "Feel good, be at home"
By R.L. NaveAfter his election as mayor, one of the biggest questions hanging over Chokwe Lumumba's new administration was what kind of relationship he would have with the state Legislature.
Historically, that relationship has been icier than our weather the past few days. Lumumba's predecessor, Harvey Johnson Jr., wasn't known as someone who liked to hobnob and press the flesh.
Today, Lumumba opened what he called a new "era of cooperation" as he gave the Legislature a warm welcome to the capital city.
"I want you to feel welcome; I want you to to feel like you're home. Go out and spend lots of money," Lumumba told members of the Mississippi House of Representatives.
Lumumba even recommended a couple of his favorite haunts, Chitoes African Deli in west Jackson and Pearl's Southern Kitchen on Terry Road, and urged members in need of a new set of wheels to stop in at a Jackson car dealership.
Then, he struck a slightly more serious tone.
"Vote for all the pro-Jackson stuff," he said. "What's good for Jackson is good for Mississippi and what's good for Mississippi is good for Jackson."
Fire Blazes in Downtown Jackson
By R.L. NaveWhat fire officials are calling a "major" industrial fire is burning in downtown Jackson.
Few details are available but the fire is located in a building on South Jefferson street, near the offices of WLBT-TV.
No cause has been made available.
http://jacksonfreepress.com/users/photos/2014/jan/09/15297/
Whole Foods Announces Jackson Grand Opening
By R.L. NaveAfter years of planning, Whole Foods Market in Jackson is opening in less than one month. Here's the full, verbatim release from the company:
JACKSON, MS (January 10, 2014) Whole Foods Market (NASDAQ: WFM) announces it will open its doorsTuesday, February 4, at 9 a.m. at Highland Village, 4500 I-55 North in Jackson. The 34,000 square-foot store features an organic salad bar, in-store smoked barbecue, fresh-made gelato, natural body care and nutritional supplements, beer growler filling station and the Yazoo Bend Coffee & Taproom with 4 beers on tap.
“We really look forward to finally opening our doors and being part of the Jackson community,” said Marty Cribb, Store Team Leader for Whole Foods Market, Jackson. “We offer a unique grocery shopping experience, but we also give back to the community through our 5% Days, local vendor partnerships, and donations.”
Whole Foods Market will also offer an early look at its first Mississippi store with sneak-preview tours. For a $5 donation to The Literacy Garden at the Mississippi Children’s Museum, curious customers can take a pre-opening tour of the store at a specified time slot. Tours are scheduled between 11 a.m. and 7 p.m. Friday, January 31, and 10 a.m. to 6 p.m. Saturday, February 1. Tour attendees will be the first to get a glimpse of the new store, learn a bit about Whole Foods Market and the store highlights, taste samples, and receive a goodie bag.
Advance registration is required, register TODAY! http://jackson.wholefoodsrsvp.com/
The store opens for business Tuesday, February 4, immediately following a bread-breaking ceremony (Whole Foods Market’s version of a ribbon-cutting,) with city officials and special guests. Customers arriving between 8 - 8:30 a.m. receive a free raffle ticket and are automatically entered for a chance to win a gift card ranging from $5-500. There will be 100 winners!
Merchant of Vino by Whole Foods Market, the 950 sq. ft. wine & spirits shop adjacent to the larger grocery store, will open at a later date with its own celebration! Whole Foods Market added approximately 120 additional jobs to the Jackson market and has been named by FORTUNE® magazine as one of the “100 Best Companies to Work For” in the U.S. for 16 consecutive years – every year since the List’s inception.
SCOTUS Sides with Mississippi AG Hood
By R.L. NaveMississippi Attorney General Jim Hood is touting a ruling from the U.S. Supreme Court that he says affirms the rights of state attorneys general to file lawsuits in state court.
Here's the full release from Hood's office:
Jackson, MS – In a case brought by Attorney General Jim Hood, the U.S. Supreme Court today unanimously upheld the right of attorneys general across the country to enforce their state’s laws in state court. The Supreme Court ruled in Mississippi ex rel. Hood v. AU Optronics Corp. that a state attorney general asserting state law claims for damages incurred by its citizens can have that case resolved by its state court, and is not required to be removed to federal court under the Class Action Fairness Act (CAFA).
All nine Justices agreed to reverse the Fifth Circuit Court of Appeals’ ruling that the State’s antitrust and consumer protection enforcement suit could not proceed in Mississippi state court. The Fifth Circuit had encroached on state courts’ rights to hear important public matters by significantly broadening the interpretation of what can constitute a federal “mass action.” Under CAFA, that requires the presence of 100 or more individual “plaintiffs.” The Fifth Circuit had ruled that, despite the State Attorney General being the only plaintiff in the case, the court would treat all Mississippi residents as “plaintiffs” so that CAFA’s 100 person requirement could be considered satisfied, depriving the state courts of the right to interpret their own laws.
Having recognized the important state sovereignty issues at stake, all U.S. Courts of Appeals that had addressed the issue – except the Fifth Circuit – had flatly rejected this analysis. The Supreme Court has now corrected the Fifth Circuit’s error, and Mississippi’s case will properly be returned to Mississippi Chancery Court.
Attorney General Jim Hood stated, " The United States Supreme Court was crystal clear that federal courts have no jurisdiction under the so-called Class Action Fairness Act over actions brought by state Attorneys General for consumer and anti-trust violations. For far too long, large corporations have abused the federal judiciary by trying to drag every action filed by an Attorney General in state court into federal courts. The working people of Mississippi and other states won one this time."
Justice Sonia Sotomayor wrote that an action by an attorney general on behalf of the state’s citizens does not fit within CAFA’s language. The Court held that, because the State of Mississippi, through its attorney general, is the only plaintiff, this suit does not constitute a mass action.
The State sued makers of liquid crystal displays (LCD) in Mississippi state court in January 2011, alleging that these manufacturers had formed an international cartel to restrict competition and boost prices in the LCD market. Several of the defendants in the State’s case pled guilty to charges brought by the U.S. Department of Justice and paid criminal fines to the U.S. Government. The Mississippi Attorney General sued to recover for the economic harm to the State and …
Rep. Dixon Proposes Castle Doctrine Changes
By R.L. NaveState Rep. Deborah Dixon, D-Bolton, has introduced a bill that modifies the state's so-called Castle Doctrine, which establishes parameters for when homicide is justified (e.g. self-defense).
Under Dixon's legislation, HB 179, the Castle Doctrine would only apply within 30 feet of the exterior of a dwelling. Outside of that 30-foot threshold, the shooter would not be immune from criminal liability.
The legislation would also require some shooters in Castle Doctrine cases to "submit to a sobriety test or drug test at the time of investigation to determine whether the individual was under the influence of an intoxicating liquor or controlled substance."
The bill has been assigned to the House Judiciary A Committee, chaired by Rep. Mark Baker, R-Brandon.
Mumme's the Word on New Belhaven Football Coach
By R.L. NaveSee the following press release from Belhaven University:
Belhaven University and the Department of Athletics is pleased to announce that Hal Mumme will be the next Head Football Coach. Mumme comes to Belhaven from Southern Methodist University, where he served as an Assistant Coach and Passing Game Coordinator under Head Coach June Jones in 2013.
“I heard for years Hal Mumme’s reputation as a football genius and innovator,” said Belhaven University President Dr. Roger Parrott. “Then when I got to know him personally, I was amazed at how what we as football fans see on the field is just the tip of the iceberg of this remarkable coach and leader. I am excited for our students, our players, and our alumni, because Belhaven football is going to join the “Air-Raid” and soar, with Hal Mumme coming to be our head coach.”
Under the coaching of Mumme, SMU quarterback Garrett Gilbert set multiple single game and single season records during the 2013 season. Gilbert racked up 635 yards of total offense against Temple, seventh most in a game in NCAA history. Gilbert also recorded single season school records, second for most total offensive yards (3795), second in passing yards (3528), and first in completions (335). As a team, the Mustangs recorded 5,222 total yards with 4,097 of those yards coming through the air in 2013.
“I want to thank Hal for his work over the past year,” said SMU Head Coach June Jones. “He is an innovator and a friend. I really enjoyed the time we spent together. We wish him well at Belhaven.”
Mumme not only brings experience as an assistant coach at the NCAA Division I level, but has been a head coach at Division I Kentucky, New Mexico State, and Southeastern Louisiana. Mumme was also the Head Coach at NCAA Division II Valdosta State, Iowa Wesleyan (NAIA), and most recently McMurry (Division III and now Division II).
Mumme spent four seasons at McMurry and led the team to a 27-16 record, including three consecutive winning seasons. Mumme resurrected a McMurry program that had lost 13 consecutive games and had not had a winning season for eight years prior to his arrival. In 2011, Mumme posted a 9-3 record with the team and secured McMurry’s first postseason victory since 1949 by beating Trinity in the first round of the Division III playoffs.
Mumme began his coaching career in the NAIA at Iowa Wesleyan in 1989 and led the Tigers to the playoffs in 1991. In 1992, he moved on to NCAA Division II Valdosta State and then to Kentucky in the SEC where he coached Number One NFL Draft Pick Tim Couch. In 1998, the Wildcats went 7-5 and played in the Outback Bowl, becoming the first coach to take the team to a New Year’s Day bowl game since Bear Bryant in 1951. He is the only coach in the modern era at Kentucky to beat Alabama and numerous college head coaches’ are part of his coaching tree, …
