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Mississippi – Butler Snow recently obtained a summary judgment for Community First Holdings, Inc., d/b/a Picayune Item in a defamation case pending in the United States District Court for the Southern District of Mississippi (Jerry Hegwood v. Community First Holdings, Inc., d/b/a Picayune Item, No. 1:06cv1105-LG-JMR (March 12, 2008)). Plaintiff filed a suit for defamation and gross negligence based on the news article, “Deputies make several arrests,” published by the Picayune Item. The news article – based on an official news release prepared and distributed by the Pearl River County Sheriff’s Department – reported about Plaintiff’s arrest by the Sheriff’s Department for home repair fraud. The Court dismissed Plaintiff’s defamation claim on the ground that the article was a fair and accurate republication of an official report and, accordingly, was protected by the official report privilege. In dismissing Plaintiff’s gross negligence claim for Defendant’s failure to retract, the Court held that Mississippi’s Retraction Statute, Miss. Code Ann. § 95-1-5 (2008), does not create a duty under Mississippi law to retract. The Butler Snow team was led by John C. Henegan and Malissa Winfield.
Mississippi – Butler Snow obtained a defense verdict on Wednesday, February 27, 2008, in a premises liability case against a major department store in which the plaintiff alleged she was injured while shopping and sustained mild brain damage. The jury deliberated about an hour before returning a defense verdict in the case, tried in federal court in Jackson before The Honorable Henry T. Wingate. The Butler Snow team was led by Chad R. Hutchinson.
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