Author Archives: Ryan Farmer

Wise Carter Child & Caraway 2013 Christmas Project

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Wise Carter Child & Caraway is committed to serving the needs of the community. Each year, attorneys and employees participate in the Firm’s annual Christmas project, which assists individuals and families throughout Mississippi.

This year, Wise Carter Child & Caraway was excited to lend its support to the Teen Study Center at the Charles Tisdale branch of the Jackson-Hinds Library System. Through voluntary contributions from the Firm’s attorneys and employees, we collected cash and check donations, as well as several new books for the youth who participate in the program. A large portion of the funds were utilized to purchase new books, snacks, and gift bags for distribution to the teens and the remaining funds were donated to the Teen Study Center for use throughout the year.

The Tisdale Teen Study Center provides teens with access to computers, study materials, and books aimed to promote academic growth and enrichment. Through access to a structured, wholesome environment, the Center strives to encourage teen’s reading habits and visits to the library, as well as deter juvenile crime and delinquency.

Wise Carter Child & Caraway is pleased to contribute to the Tisdale Teen Study Center and we look forward to being of service to the program during the upcoming year.

Estate of Mattie Hazel Aldridge v. James T. Peoples, M.D.

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D. Jason Childress and Kimberly N. Howland recently prevailed on a motion for summary judgment in Hinds County Circuit Court in a medical malpractice case alleging wrongful death arising from a physician’s prescribing of the blood thinner, Coumadin.

Tamara Glenn, Individually, as Administratix for the Estate of Mattie Hazel Aldridge, and on Behalf of the Wrongful Death Beneficiaries for Mattie Hazel Aldridge v. James T. Peoples, M.D. , in the Circuit Court of Hinds County, Mississippi, No. CIV.A 1:11-CV-00416.

Douglas E. Levanway and Margaret H. Williams Named 2013 “Leaders In Law”

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Douglas E. Levanway and Margaret H. Williams were recently honored as “Leaders in Law” at Mississippi Business Journal’s third annual “Leadership in Law” reception and awards celebration. The event, which honored 50 members of the state’s legal community and the 2013 Lawyer of the Year, was held at the Hilton in Jackson.

Douglas Levanway

Mr. Levanway is currently President of the firm and serves on the Board of Directors. His practice includes commercial litigation, employment litigation, and regulatory practice.

Much of Mr. Levanway’s employment litigation work involves “whistleblower” cases before the Department of Labor and the Nuclear Regulatory Commission. His regulatory practice is focused on certificates of need and licensure hearings before the Mississippi State Board of Health, and practice before the Nuclear Regulatory Commission on behalf of nuclear energy companies.

Margaret Williams

Ms. Williams is a shareholder who joined the firm in January of 1979. She has served as Chairman of the Firm’s Board of Directors for the last several years. Her practice focuses on commercial transactions, mergers and acquisitions, and formation or dissolution of joint ventures and limited liability companies for a wide variety of manufacturers, health care providers, public utilities and other businesses.

Noatex Corporation v. King Construction of Houston

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James C. Simpson, Jr. won an appeal involving Noatex Corporation (“Noatex”). On October 20, 2013, the 5th U.S. Circuit Court of Appeals in New Orleans upheld U.S. Magistrate S. Allan Alexander’s 2012 ruling that the “stop notice” law was unconstitutional because it deprived a corporation of its property without due process of the law.

Auto Parts Manufacturing Mississippi (“APPM”) contracted with Noatex to construct a facility for manufacturing automotive parts in Guntown, MS. Noatex hired King Construction of Houston (“King Construction”) to provide labor and materials for the construction project. When a dispute arose between Noatex and King Construction over invoices, King Construction notified APPM that Noatex owed King Construction 0,410.15 and filed a “Laborer’s and Materialman’s lien and Stop Notice” in the Lee County Chancery Court in Tupelo, MS.

The appeal was featured in The Mississippi Journal, click here to view the full article: Appeals court upholds ruling; finds “stop notice” law unconstitutional.

Jolly v. Nelson

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Mark Caraway and Kimberly Howland successfully defended a medical malpractice claim in the Mississippi Delta for a family practice physician accused of alleged failure to diagnose a testicular torsion in a young male patient.

After a five day trial in August 2013, the jury returned a unanimous verdict in favor the the physician.

Jolly v. Nelson, in the Circuit Court of Bolivar County, Second Judicial District, No. 2001-0030.

Earl v. Carroll

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R. Mark Hodges and Kimberly N. Howland successfully defended a medical malpractice case against a surgeon client of the firm who was sued in Hinds County Circuit Court for allegedly improper surgical care.

After a five day trial in February of 2013, the jury exonerated the physician and returned a defense verdict at 8:30 p.m. on Friday, February 7th. The jury deliberated for two hours before reporting its verdict, which reflected a vote of eleven to one in favor of the defendant.

Krystal D. Earl v David R. Carroll, in the Circuit Court of Hinds County , No. 09-24 CIV.

Barbara C. Wallace and Mike B. Wallace Receive the 2013 Corporate International Legal Award for their Practice Areas

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Barbara C. Wallace

Barbara C. Wallace has been chosen as the winner of the 2013 Corporate Intl Magazine Legal Award in the category Labor Law – Law Firm of the Year in Mississippi. Ms. Wallace holds an LL.M in Labor and Employment Law and has over thirty-five years experience in this area. She is a shareholder who joined Wise Carter in 1983.

Michael B. Wallace

Michael B. Wallace has been chosen as the winner of the 2013 Corporate Intl Magazine Legal Award in the category Appellate Law – Law Firm of the Year in Mississippi. Mr. Wallace’s practice is concentrated in Commercial Litigation at the trial and appellate levels. He also has wide experience in litigating constitutional claims and election disputes. He was admitted to the Mississippi Bar in 1976 and is a shareholder of the firm.

Margaret H. Williams Selected for Membership in the American Law Institute

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Wise Carter congratulates Margaret H. Williams on her recent selection for membership in the American Law Institute. This is a prestigious honor for which she is very deserving. Ms. Williams is a shareholder who joined the Wise Carter firm in 1979 and currently serves as Chairman of the Firm’s Board of Directors.

She practices in the areas of business and corporate matters, partnerships, acquisitions, intellectual property, construction, Indian law and healthcare.

Johnson v. Pace, NO. 2012-CA-01732-SCT

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Gaye Nell Currie and Rex M. Shannon III successfully defended the appeal of the trial court’s grant of summary judgment in favor of our client, Dr. William Pace.

In a unanimous decision, the Mississippi Supreme Court affirmed the trial court’s decision. The Court held that plaintiff’s have a continuing duty to supplement their interrogatory responses with the appropriate information regarding their experts.

Furthermore, the Court made clear that summary judgment may be appropriate at any time. A court-ordered expert designation deadline is not required and the 60-day reference in Rule 4.04(A) of the Uniform Rules of Circuit and County Court is not relevant when determining if summary judgment is appropriate for failure to disclose an expert.