Legal Opinion · Concurring in part, dissenting in part

Ground Control, LLC v. Capsco Industries, Inc.

Mississippi Supreme Court

Decided June 6, 2013No. 2011-IA-00928-SCTPublished

1Concurring in part, dissenting in partColeman, Justice

¶ 34. I believe that the majority’s opinion today “dislodge[s] settled rights and expectations” in place when the Legislature enacted Section 31-3-15 and results in the Court de facto substituting its own policy judgments for that of the Legislature and judicially abrogating much of the effect of Section 31-3-15. Therefore, I respectfully concur in part and dissent in part. The Mississippi Legislature enacted Mississippi Code Section 31-3-21. That section of our law, in combination with Section 31-3-2, explicitly makes the conduct of both Ground Control and Capsco illegal and contrary to the…

2Cases cited20 opinions

  1. National Federation of Independent Business v. SebeliusSupreme Court of the United States · 2012
  2. Hubbard v. United StatesSupreme Court of the United States · 1995
  3. PMZ Oil Co. v. LucroyMississippi Supreme Court · 1984
  4. Price v. Purdue Pharma Co.Mississippi Supreme Court · 2006
  5. Hydrotech Systems, Ltd. v. Oasis WaterparkCalifornia Supreme Court · 1991

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