Saturday, September 25, 2010

Ogden & Kidd

NOTE: Correlation is not (necessarily) causation.

Apropos of the Mississippi Supreme Court's reversal of a $3 million jury verdict presided over by the Honorable Winston Kidd, in which the plaintiffs were represented by Ashley Ogden, and in which the MSSC held that Judge Kidd allowed a Jackson police officer to lie under oath:
The erroneous ruling allowed plaintiff’s expert, Tyrone Lewis, to testify with impunity and without fear of exposure, “[T]here is no documentation, no written statements or anybody to come forward to say that it did not happen [at Rebelwood].” The trial court should have known that Lewis’s statement was untrue.
-- we have compiled a list of Ashley Ogden's courtroom successes in recent times, relying heavily on Philip Thomas's excellent coverage.

English v. Rebelwood Apts. RP, LP (Kidd, J.)

Robinson v. Bailey Lumber & Supply Co. (Kidd, J.)

Baby Jane Doe v. LaQuinta Franchising, LLC (Kidd, J.)

Minor Child v. Federation Tower (Coleman, J.)

Ohazurike v. Parham Pointe South (Kidd, J.)

Durr v. MBS Construction, Inc. (Lee, J.)

[Plaintiff] v. Wackenhut Corp. (Kidd, J.)

[Plaintiffs] v. In Town Suites (Green, J.)

Marble v. Deviney Construction (Green, J.)

Knox v. Kroger Corp. (Kidd, J.)

Wright v. Gibson (Kidd, J.)

Bradfield v. Schwarz & Assocs. (Kidd, J.)
That's 8 out of 12 "Kidd, J." cases, for those of you following along on your cell phones.

Not on this list are some unsuccessful cases for Ogden:
Utz v. Running & Rolling Trucking, Inc. (Webster, J.) (jury verdict for defense)

Myatt v. Peco Foods of Miss., Inc. (Gordon, J.) (summary judgment for defendant)

Thomas v. Columbia Group, LLC (Smith, J.) (summary judgment; remanded on appeal) (This is, by the way, a rare example of Jim Smith (not the trial court) reversing a defense verdict in a tort case.)

Kennedy v. Maldonado (Green, J.) (verdict for plaintiff reversed & rendered on appeal)
Just thought this might be a handy list.

UPDATE: A friend of a friend points out the obvious: that Ogden's abortive "campaign" against Swan Yerger for Hinds Circuit Court was perhaps devised to prompt Yerger to recuse in Ogden's cases. Sometimes TBA is too innocent for the practice of law.

UPDATE (12/18/2010): The Federation Tower decision above was reversed 4-3 on appeal, with the trial court's $800K additur reversed but the $200K verdict from the jury reinstated (with however the 60% fault allocated to the child's father reversed for insufficiency of the evidence -- the jury had thus awarded only $80K).


  1. Re: Thomas v Columbia Group. Is the Jim
    Smith who reinstated Ogden's case the same Jim Smith who is now Ogden's law partner?

  2. Indeed he is, assuming that Ogden acknowledges any "partner."