• U.S. Fifth Circuit Reverses District Court Denial of Qualified Immunity.

David O’Donnell, a resident partner in the firm’s Oxford office, successfully argued before the U.S. Fifth Circuit Court of Appeals that the district court erroneously ruled that an officer of the Olive Branch, Mississippi Police Department did not enjoy qualified immunity from suit on claims arising out of the hot pursuit of a traffic offender. The case was remanded to the district court for further proceedings and trial as to other defendants. (Willie Payne v. City of Olive Branch, Mississippi, et al., U.S. N.D. MS 2:01CV266).

• Unfair Competition – Enforcement of Non-Competition Agreement

Claude Clayton (Partner – Tupelo Office) recently prevailed on behalf of client American Furniture Manufacturing, Inc., one of the nation’s largest privately held upholstered furniture manufacturers, in obtaining an injunction against the former owner and CEO prohibiting the prior owner from competing in the upholstered furniture market. (American Furniture Manufacturers, Inc. v. Gerald Washington, et al., Circuit Court of Lee County, Mississippi, CV04-167(A)L).

• Authorship of “Mississippi Automobile Insurance Law and Practice” Entering 8th Year.

Partner David O’Donnell (Oxford Office) continues to author the legal practice treatise “Mississippi Automobile Insurance Law and Practice,” a practice manual for attorneys and insurance claims professionals. The manual is entering its eighth year of publication by West Publishing Company and the 2005 Supplementation will soon be in production.

• Successful Defense of Copyright Infringement Action

Claude Clayton (Partner – Tupelo Office) recently successfully defended Techstyle International, a defendant in a copyright infringement action filed by American Decorative Fabrics. The federal district court denied American’s motion for preliminary injunction and the case is proceeding towards trial on the infringement and unfair competition and business defamation counterclaims. (American Decorative Fabrics, LLC v. Charles & Nichols, et al., U.S. N.D. MS 1:03CV646).

• Law School Faculty Appointment Continues Into 7th Year

David O’Donnell (Partner – Oxford Office) will begin his seventh year as a member of the adjunct faculty of the University of Mississippi School of Law starting the Fall 2005 semester. O’Donnell teaches Federal Trial practice (Fall Semester) and Pretrial Practice (Spring Semester).