Attorney David Earl Bane Jr's Legal Cases

Employment and labor

Mississippi Department of Human Services v. McNeel, 10 So.3d 444 (Miss. 2009)

Jun 04, 2009

OUTCOME: The Mississippi Supreme Court have that MDHS was required to report to SSA McNeel's back pay award for periods her wages should or would have been paid and that she was entitled to post-judgment interest on her backpay.

In November 1999, Carolyn K. McNeel was terminated from her employment as a DHS-Social Worker with the Winston County Department of Human Services. In April 2004, the Mississippi Supreme Court affirmed ... the decision of the Mississippi Employee Appeals Board ("EAB") to reinstate her "with backpay and benefits, as of the date of termination, subject to setoff of any sum from other sources." Following the receipt of her backpay award and reinstatement to her position of DHS-Social Worker with the Kemper County Department of Human Services, McNeel filed an appeal with the EAB raising multiple issues regarding backpay and reinstatement. An order of the hearing officer was affirmed by the "Full Board Order" of the EAB. Both the Mississippi Department of Human Services ("MDHS") and McNeel appealed therefrom. A November 2007 order of the Winston County, Mississippi Circuit Court affirmed in part, affirmed and remanded in part, and reversed and remanded in part the Full Board Order of the EAB. The MDHS filed a notice of appeal and McNeel filed a notice of cross-appeal with the Mississippi Supreme Court.

Car accident

Chandler v. Coleman, 759 So.2d 459

Mar 07, 2000

OUTCOME: The Mississippi Court of Appeals held that the parent could not be held responsible for property damage inflicted by a child when there was no evidence presented which indicated any theory of liability by which the parent could be held liable.

The plaintiff brought a property damage claim against the parent of a 14-year-old driver who rear-ended the plaintiff. The Winston County, Mississippi Circuit Court entered judgment for the plaintiff. ... The parent of the 14-year-old driver appealed the decision of the Winston County, Mississippi Circuit Court.

Criminal defense

Peterson v. State,671 So.2d 647 (Miss. 1996)

Apr 18, 1996

OUTCOME: The conviction of sexual battery was reversed and rendered because of a defective indictment.

Defendant convicted of sexual battery and sentenced to 20 years in the Mississippi State Penitentiary.

Contracts and agreements

Green Acre Farms,Inc. v. Brantley,651 So.2d 525

Feb 23, 1995

OUTCOME: The Mississippi Supreme Court reversed and rendered the jury verdict in favor of the Brantleys and held that the Circuit CourtShould have granted Greenacre Farm, Inc.'s motion for directed verdict.

Green Acre Farms, Inc. v. Brantley was a breach of contract case. The case was tried in the Leake County, Mississippi Circuit Court.The Brantleys filed their case against Greenacre Farms, Inc. alleging ... that Greenacre Farms, Inc. was in breach of contract.Greenacre Farms, Inc. made a motion for directed verdict which was denied by the Circuit Court. The jury found for the Brantleys and awarded them damages. Greenacre Farms, Inc. made a motion for JNOV which was denied by the Circuit Court.Greenacre Farms, Inc. filed an appeal with the Mississippi Supreme Court. On appeal, the Mississippi Supreme Court reversed and rendered the the Leake County, Mississippi Circuit Court and held that the motion for directed verdict made by Greenacre Farms, Inc. should have been granted by the Circuit Court.

David Earl Bane Jr's Legal Cases (4)

Mississippi Department of Human Services v. McNeel, 10 So.3d 444 (Miss. 2009)

Chandler v. Coleman, 759 So.2d 459

Peterson v. State,671 So.2d 647 (Miss. 1996)

Green Acre Farms,Inc. v. Brantley,651 So.2d 525