Ashley Healthcare Plan v. Michael Dillard

¶ 46. Today, a majority of this Court approves an $18,180 sanction against an attorney who did nothing more than advance a legal theory that clearly was not frivolous, and for which there existed no court order preventing him from doing so. Because this remarkable precedent should be of grave concern to every practicing lawyer in Mississippi, I wish to record my strong dissent.

*190BACKGROUND AND PROCEEDINGS

¶ 47. Ashley Furniture Industries, Inc. (“Ashley”) is a Wisconsin corporation that has a manufacturing facility in Mississippi. For the benefit of its employees, it has a self-funded healthcare…