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November 19, 2009

CONFESSIONS OF A LAWYER

My partner Chuck Mullins and I just finished a criminal trial in Madison County, Mississippi. The jury returned a not guilty verdict and freed a young woman from a year of turmoil and pressure that was from the beginning unjustified in my opinion. I don't mind admitting that I worked hard on the trial and I was concerned and worried throughout the trial. After the trial was over I started thinking about the lawyers I have met over the past 29 years of my career who say they never get stressed or worried over a trial. They also often say that they don't make an emotional bond with the client. They apparently believe that staying unemotional and apart from the client gives them an advantage. I disagree.

Chuck and I genuinely liked and cared for our client. It is rare for us to help someone with a legal problem and not become of friend with that person. I have not ever found that to be a disadvantage. People derive their passion from the things they do in life. We have passion for our work and we believe that passion for the individual client and cause is also necessary. That is one reason we do not accept every case. I have practiced 29 years. After that long I have earned the right to like who I represent and to represent them with passion and a sense of friendship.
I cannot see that changing as long as I continue to represent people.

Merrida Coxwell is managing partner of Coxwell & Associates, a law firm with an office in Jackson, Mississippi. The attorneys travel across the state helping people who are seriously injured or in trouble with the law. For a consultation call 1.601.948.1600.

September 30, 2009

Katrina Civil Rights Class Action

Charles R. "Chuck" Mullins handles civil rights cases for citizens who receive serious personal injuries or death at the hands of police officers in Jackson, Hinds County, Rankin County, Madison County and all over Mississippi.

A federal judge has certified a class action lawsuit for a group of New Orleans transit workers who claim their constitutional rights were violated by police officers who stopped them while they tried to flee the city in Hurricane Katrina's aftermath.

However, U.S. District Judge Mary Ann Vial Lemmon's ruling Monday says more than 800 other people who were blocked from walking across a bridge to get out of New Orleans aren't entitled to class certification for their claims. Their claims can be tried individually, said plaintiffs' lawyer Diane Owen.

"Their claims are still in place and they are preserved," Owen said.

About two months after the August 2005 storm, nearly 100 civil rights advocates marched over the Crescent City Connection to protest the police blockade that stopped pedestrians from crossing the span over the Mississippi River into suburban Jefferson Parish.

Roughly 200 Regional Transit Authority employees and their friends and relatives were driven over the bridge to a bus terminal, where they claim Gretna police officers used excessive force in briefly detaining them.

"While they were under the expressway, Gretna police officers arrived, cocked their weapons, and asked what they were doing there," Vial Lemmon wrote. "The police officers told them not to move, but left the area when they received an emergency call that an officer had been shot at the Chevron gas station."

Around 90 minutes later, charter buses arrived to pick up the RTA workers and their companions.

Franz Zibilich, a lawyer for the Gretna Police Department, said officers' use of force was reasonable under the circumstances.

"At the very most, they were inconvenienced," he said of the transit workers.
A class action is a lawsuit in which the claims of many people are decided in a single case. Plaintiffs' lawyers also asked Vial Lemmon to certify class actions against Gretna police and the Jefferson Parish Sheriff's Office for two other groups of individuals -- between 800 and 1,000 people who tried to walk across the bridge on Sept. 1, 2005, and a group of eight to 20 people who tried to cross the bridge on the following day.

Cathey Golden, a member of the larger group of pedestrians, has testified that she heard a shotgun blast as she walked up a ramp to the bridge but didn't see who fired the shot. After a police officer ordered her family to get off the expressway, they took shelter in an abandoned bus.

Vial Lemmon said the crowd members had different experiences.
"Certification is not appropriate because the claims focus on facts and issues specific to individuals, rather than the class as a whole," she wrote.

The judge also ruled that the group of people who tried to cross the bride on Sept. 2, 2005, is too small to qualify for class certification.

If you or a loved one has a police abuse case, please call Chuck Mullins with Coxwell & Associates.

January 5, 2009

Class Action against Madoff

A class action in Manhattan Federal Court claims Tremont Market Neutral Fund was grossly negligent in handing over 27% of its money to Bernard Madoff for his alleged $50 billion Ponzi scheme. Here are the defendants in the Tremont Funds case: Tremont Market Neutral Fund LP, Tremont Partners Inc., Tremont Group Holdings Inc., Oppenheimer Acquisition Corp., Oppenheimer Funds Inc., Massachusetts Mutual Life Insurance Co., and Ernst & Young LLP.

A class action in Manhattan Federal Court claims these defendants handed over investments in the Rye Select Broad Market Fund to Bernard Madoff for his alleged Ponzi scheme: Rye Select Broad Market Fund LP, Tremont Partners Inc., Tremont Group Holdings Inc., Rye Investment Management, Jim Mitchell, and Robert Schulman. Three members of the Sciremammano family sued Bernard Madoff, saying he took more than $2 million from them, in Manhattan Federal Court.

Mississippi attorney Chuck Mullins has been involved in numerous class actions in Mississippi federal courts relating to predatory lending, products liability and other consumer related issues.