On May 24, 2012, Heidelberg Steinberger will sponsor its annual seminar entitled “Guidelines for Employers and Carriers.” Registration begins at 8:00 AM at the Grand Magnolia in Pascagoula, Mississippi. The seminar addresses the basic elements of a Mississippi Workers Compensation claim, available defenses, and a discussion of new opinions from Mississippi Courts in the past year. This year’s special guests are Ruth Sesera, N.P.

On May 2, 2012, the Mississippi Senate unanimously confirmed Jimmy Heidelberg to a second term on the State's Oil & Gas Board.  Nominated by Lt. Governor Tate Reeves, Jimmy has served on the Board since 2008.  For the past two years, he has served as Vice-Chairman. Heidelberg expressed his gratitude:  "I am honored to serve Mississippi.  I am equally humbled that Lt.

The United States Court of Appeals, Fifth Circuit, recently affirmed summary judgment on behalf of Singing River Health System (SRHS) in a religious discrimination case. Employed as a certified nursing assistant at Singing River Hospital, the Plaintiff alleged she suffered discrimination as a result of her religious preference to take breaks during the work day to pray. The former employee also claimed she suffered a retaliatory discharge for complaining about religious discrimination.  SRH...

The U.S. District Court for the Southern District of Mississippi recently granted summary judgment in favor of Singing River Health System (SRHS) in a race discrimination case. The Plaintiff was employed as a PRN nurse at Singing River Hospital, a division of SRHS.  She was terminated for falsifying time records in what was perceived by Singing River Hospital to be a fraudulent request for pay.

Governor Phil Byrant recently reappointed Jimmy Colmer for a four year term to the Jackson County Port Authority/Port of Pascagoula Board of Commissioners.  After being sworn in, the Board reelected Colmer as Secretary.  Colmer has served on the Port Board since 1993.  He was originally appointed by Governor Kirk Fordice.  Since that time, he was reappointed twice by Governor Haley Barbour. The Port of Pascagoula is the 17th largest seaport the United States, and the largest ...

Karl Steinberger and Jason Payne authored an article entitled "Ethical Obligations Affecting Communications with Parties, Doctors and Rehabilitiative Personnel in the Workers Compensation Setting."  This article appeared in the Winter 2012 Edition of The Mississippi Lawyer.  The article may be reviewed by clicking here.

The Mississippi Court of Appeals affirmed a lower court judgment dismissing a time-barred claim in Hudson v. Lowe’s Home Centers, Inc., 2010-CA-01958-COA (Feb. 21, 2012).

Cory Wilson has been tapped to serve as Madison County chair for Governor Mitt Romney’s presidential campaign. Mississippi’s primary election will be held March 13, and the race is likely to remain hotly contested by that time. Wilson will work to build grassroots support and organization for the Romney campaign in Madison County, one of the state’s biggest Republican counties.

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The Mississippi Supreme Court affirmed the dismissal of a 10 year old case. In Knight v. Knight, two nephews sued their uncle less than one month after an alleged assault and battery in 1999.  The case languished for years until the lower court clerk filed a motion to dismiss for lack of prosecution in 2009.  The Plaintiffs did not respond, and the lower court dismissed the case.  The Plaintiffs retained new counsel and refiled the lawsuit.  The nephews claimed claimed becaus...

The Mississippi Board of Bar Admissions has selected Cory Wilson to serve on its Character and Fitness Committee. As part of the Committee, Wilson will review applications for aspiring new lawyers to ensure their fitness to become new members of the Mississippi Bar. Wilson will also sit on hearing panels to determine any character questions for Bar applicants.

Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman","serif";} Karl Steinberger, a shareholder with Hei...

Heidelberg Steinberger attorneys, James Heidelberg, Tristan Russell and Ashley Eley Cannady have been selected for inclusion in Super Lawyers-Mid South Edition for 2011. Jimmy was chose as a SuperLawyer for Medical Malpractice-Defense.  Tristan was named as a Rising Star in the Workers Compensation practice area.  Ashley was selected as a Rising Star for Employment Litigation.

Heidelberg, Steinberger, Colmer & Burrow (via its real estate holding company) has donated two buildings to the Pascagoula Redevelopment Authority. The former Parker Jewelry Store (649 Delmas Avenue) and Parsley's Barbershop (651 Delmas Avenue) have been owned by the firm for the past eighteen years.  While the Parker building has been used during that time for litigation support efforts, Parley's Barbershop remained a vibrant fixture in downtown Pascagoula until Hurricane Katrina. At a...

Today the Mississippi Supreme Court reversed, in part, a summary judgment which had been rendered in a misrepresentation/failure to disclose construction defects action.  In Lemon Drop Properties, LLC v. Pass Marianne, LLC et al, the firm's client purchased a condominium unit from the defendant-developer located on the Mississippi Gulf Coast.  Subsequent to the purchase, the plaintiff learned the developer had sued the general contractor, alleging defects in the condo project construct...

Yesterday, the Mississippi Court of Appeal affirmed summary judgment in favor of Joseph Hester, owner of the horse, "Diego."  In 2008, Diego was involved in an automobile accident, after he led two compatriots out of his fenced pasture.  Weighing in at 1,000 pounds, Diego survived the incident. However, the driver of the motor vehicle claimed damages of $69,000 resulted from the negligence of Hester in allegedly failing to properly corral Diego and the other horses.  The lower cou...

Karl Steinberger and Stacie Zorn had the pleasure of speaking today on the topic of “ Best Practices For Hiring and Terminating Your Employees, as part of the Jackson County Chamber of Commerce Summer Learning Series.  Topics included advertising job opportunities, preparation of applications, conducting interviews, implementation of performance evaluations, attendance policies and work rules, progressive discipline practices and options available when termination is appropriate. Representa...

The Mississippi State Oil & Gas Board recently re-elected Gulf Coast attorney Jimmy Heidelberg as its Vice Chair. Heidelberg will continue to represent the Mississippi State Oil & Gas Board before the Mississippi Legislature and serve as liaison with state agencies – including the Mississippi Department of Environmental Quality (MDEQ). “Mississippi’s oil and gas sector has been rated number one in the world for investment and this could not have been achieved without pro business legisla...

Cory T. Wilson, former Deputy Secretary of State and Chief of Staff for Mississippi Secretary of State Delbert Hosemann, has become "of Counsel" to the Firm and manage its new Jackson office. “It was an exceptional opportunity to bring Cory into the firm,” said Firm President, Jimmy Heidelberg.

Heidelberg Steinberger recently hosted members of the Jackson County Chamber of Commerce to an "After 5" event.  Designed to foster greater connections and communication among Chamber members outside the work environment, approximately 100 members attended over the course of two hours, representing companies as large as Huntington-Ingalls Shipbuilding and Chevron, and numerous small businesses. Chamber President Morris Strickland welcomes members Jimmy Heidelberg welcomes everyone to "After...

Ashley Eley Cannady has joined the firm as an associate effective June 1, 2011.  A native of Pascagoula, Mississippi, Ashley received her undergraduate (cum laude) and law degrees (summa cum laude) from the University of Mississippi.  For the past eight years, Ashley has been in private practice, specializing in employment law and general defense litigation.  Ashley has an "AV" rating from Martindale.  In 2010, Ashley was named a Mid-South Super Lawyer Rising Star.

Heidelberg Steinberger is hosting its 18th annual employment law/workers compensation seminar, entitled “A Guideline for Employers and Carriers.” The seminar will be held at The Grand Magnolia, 3604 Magnolia Street, Pascagoula, MS on Thursday, May 26, 2010 beginning at 8:30 AM and continuing until 2 PM. The seminar includes a review of the basic elements of Mississippi Workers Compensation Law, a review of certain employment laws and a presentation this year by Dr. Bart Edmiston, Sr., a speciali...

Tristan Russell Armer has been nominated by the Gulf of Mexico Fishery Management Council to serve on its SEDAR (Southeastern Data Assessment and Review) NGO Advisory Panel. SEDAR Advisory Panel members provide information and guidance to the Gulf of Mexico Fishery Management Council on stock assessments and fishery data used by it to develop and implement federal fishery management plans. The Gulf of Mexico Fishery Management Council is one of eight regional fishery management councils est...

A Mobile County, Alabama jury unanimously found in favor firm client, South Bay Homes, LLC. South Bay is a mobile home dealership-related finance company which sought to recover a mobile home when the buyer breached a lease purchase agreement by assigning it to a third-party without South Bay's consent. The third-party mobile home possessor resisted repossession efforts forcing South Bay to sue for its recovery.

The Mississippi Lawyer, the official magazine for the Mississippi Bar, published an article this month on attorneys in the arts.  One of those attorneys featured is our own Karl Steinberger, who plays keyboard.  However, his musical background begins with the accordion, at age five.  Karl then progressed to horns, organ and ultimately, keyboard.  More on Karl the musician can be found by clicking on the following excerpt from the magazine.

Governor Haley Barbour has nominated Jessica Dupont to the Mississippi College Savings Plan Board of Directors. Jessica will represent the area formerly comprising the 5th Congressional District of Mississippi. Her appointment is subject to confirmation by the Mississippi Senate.  If confirmed Jessica will serve a five year term beginning July 1, 2011.

The University of Mississippi Alumni Association – Law Alumni Chapter President Cham Trotter announced the selection of attorney Karl Steinberger as a member of the Board of Directors. Steinberger’s three-year term begins April 15th. “I thank the University of Mississippi Alumni Association for this tremendous honor,” said Steinberger.

Jessica M. Dupont will be the representative for the Coastal Division for the 2011 – 2013 Board of Directors for the Young Lawyers Division of the Mississippi Bar. Her two-year term begins in August.

Heidelberg Steinberger Colmer & Burrow has agreed to be a sponsor for a tennis tournament to benefit the Ronald McDonald House (RMH) of Mobile, Alabama.  The tournament will be held at the Treasure Oak Country Club on February 11-13, 2011.  All proceeds from the tournament will go to benefit the Mobile RMH. The RMH has served hundreds of Mississippi families since opening its doors in January 2000.  Approximately 50% of the families staying there are from Mississippi.  RM...

Once again our firm is proud to be a "Toys for Tots" sponsor. An American Holiday tradition for over sixty years, Toys for Tots is organized annually by the United States Marine Corps Reserve.
Toys and monetary donations may be dropped off at our office located at 711 Delmas Avenue in the heart of downtown Pascagoula between 8:00am and 5:00 pm Monday through Friday. Donations of new and unwrapped toys should be for children ages 12 and under. The deadline for donations is December 18. Call our office (228-762-8021) for more information or visit www.toysfortots.org.

Heidelberg Steinberger attorney, Tristan Russell Armer, has been selected for inclusion in Super Lawyers–Rising Stars Mid-South Edition 2010 in the workers compensation practice area.

An Indiana hospital and physician have been dismissed from breach of contract/defamation action due to a lack of personal jurisdiction. The plaintiff sued firm clients, Parkview Hospital, Inc. and Dr. Greg Johnson, for tortious interference with contract, defamation and other causes of action after a Mississippi hospital backed out of a contract, allegedly in part due to comments and information supplied by the non-resident defendants. In a written opinion granting a motion to dismiss, the US District Court for the Southern District of Mississippi held the Plaintiff failed to show the requisite minimum contacts existed between the Indiana defendants and Mississippi in order exercise personal jurisdiction.
James Heidelberg, Jessica Dupont and Jason Payne represented the defendants on behalf of the firm.

A Jackson County jury unanimously found for a firm client, who defended himself against a claim for unpaid crane rental and attorney fees totalling almost $200,000. Industrial & Crane Services, Inc. and its sole shareholder were sued for lost rent during the time a crane rented by ICS was being repaired after an accident. Repairs of the damage to the crane itself had been previously paid by ICS's insurer. However, the crane owner sought payment for lost rent for the 13 months in which it took to repair the crane. ICS successfully defended the case by showing the plaintiff's rental contract did not provide for lost rent in cases of damage, and was otherwise ambiguous. ICS also showed the Plaintiff suffered no actual damages in lost rent, since it could not show any job, bid or other work lost due to a lack of available, similar cranes.
Stephen Burrow successfully tried the case on behalf of the Defendants.

Heidelberg Steinberger successfully defended a rural homeowner whose horses escaped their fence one night, and were struck by a passing motorist. That motorist and her spouse sued the homeowner alleging he had negligently secured the horses, proximately causing the accident. The Circuit Court of George County granted the homeowner's motion for summary judgment finding the plaintiffs lacked evidence the homeowner had in fact negligently secured his horses. Tristan Russell Armer represented the defendant on behalf of the firm.
While not a typical case for us, this example shows again the firm is willing to accept challenges, and deliver results.

Yesterday, the Mississippi Court of Appeals affirmed a jury verdict for a physician sued for medical negligence. In Figueroa v. Orleans, the Plaintiff claimed the physician committed malpractice when he performed an ERCP. After a four day trial, the jury found in favor of the physician. On appeal, the Plaintiff alleged the trial court committed error when it refused to allow the Defendant's deposition into evidence. The Court of Appeals disagreed, holding that because the Plaintiff extensively used Dr. Orleans deposition during cross-examination (which the jury heard), there was no error in excluding that deposition from evidence. Also the Court found no error in the fact the jury deliberated only thirty minutes before returning a verdict.
James Heidelberg and Stephen Burrow tried the case in Circuit Court. Jessica Dupont and Mr. Heidelberg represented Dr. Orleans on appeal. A copy of the decision can be found at http://www.mssc.state.ms.us/Images/Opinions/CO64089.pdf.

"US News - Best Lawyers" recently announced Heidelberg Steinberger Colmer & Burrow has been ranked as one of the top firms for Mississippi for medical malpractice defense and personal injury litigation defense.

At its June meeting, the Mississippi State Oil and Gas Board unanimously elected Jimmy Heidelberg as its Vice-Chairman for 2010 - 2011. In that capacity, Heidelberg's duties will consist of, among other things, running OGB meetings in the absence of the Chairman, representing the OGB before the Mississippi Legislature, serving as a liaison with other state agencies, including the Miss. Dept of Environmental Quality.

National Business Institute will be sponsoring a seminar; LLCs: From Formation to Special Uses on July 15 in Gulfport, MS and July 16 in Jackson, MS. Firm shareholder, Stephen Burrow, will be speaking at both sessions of this seminar on (1) Recent Trends and Developments in LLCs, and (2) LLC Formation and Operation. Mr. Burrow's talk will focus extensively upon the Revised Limited Liability Company Act passed by the Mississippi Legislature this year, and the changes and challenges it poses for practitioners.
Information regarding seminar registration can be found at www.nbi-sems.com or calling 1-800-930-6182

Heidelberg, Steinberger held its annual seminar “A Guideline for Employers and Carriers” on May 27, 2010. Karl Steinberger, Stacie Zorn, Tristan Armer and Jason Payne all made presentations to the assembled group on various employment law and workers compensation topics. A guest speaker, John Pesonney, M.D. spoke on his role as an occupational medicine specialist in the workers’ compensation arena. The seminar concluded with a discussion on new developments in the Americans with Disabilities Act and the new Genetics Information Non-Discrimination Act.
Over sixty employers, medical case workers, adjusters, health care providers and insurance agents. The firm held the seminar in the newly renovated banquet/meeting facility of The Grand Magnolia located on Magnolia Street in Pascagoula.

Mississippi Secretary of State, Delbert Hosemann, has appointed Stephen Burrow to the Corporations Law Study Group. This is the second appointment for Mr. Burrow, who previously served on the Secretary of State's Limited Liability Company Study Group. That group's two year efforts helped lead to passage of a complete overhaul of Mississippi's LLC Act in April.
Burrow, who is a shareholder in the firm, expressed surprise at the announcement. "I am flattered the Secretary appointed me again. Because he had a vibrant practice as a business law attorney before his election, working with the Secretary is both intellectually challenging and a true pleasure. He personally deserves a lot of credit for getting the LLC Act revisions through the Legislature, even after it had died multiple times."

In a case of great constitutional significance, a Chancery Court rejected a challenge to a 2007 Mississippi law which distributes new school tax revenue from oil refinery and natural gas facilities to all school districts located within a Mississippi County.

Heidelberg Steinberger will host its 17th annual employment law/workers compensation seminar, entitled “Guidelines for Employers and Carriers.”  The seminar will be held at the La Font Inn in Pascagoula, MS on Thursday, May 27, 2010 beginning at 8:30 AM and continuing until 2 PM. The seminar includes a review of the basic elements of Mississippi Workers Compensation Law, a review of certain employment laws and a presentation this year by Dr. John Pessony on new developments in Occupational Medicine

The cost is $20.00 per person.  Lunch will be provided.  For further information, please contact Rejeana Clark at rclark@hscbpa.com or 228-762-8021.

The cost is $15.00 per person and includes lunch. For further information, please contact Rejeana Clark at rclark@hscbpa.com or 228-762-8021.

Firm client, B&W Land Co., LLC secured a judgment in its favor after
a bench trial in the Circuit Court of Mobile County, Alabama.

Jason Payne, an associate with the firm, has been elected Secretary/Treasurer for the Propeller Club for the Port of Pascagoula, Mississippi for 2010-2011.

STEINBERGER DEFEATED IN CLOSE VOTE for Mississippi Bar President-Elect

Firm wins plaintiffs verdict in US District Court in suit for local businesses.

This week, a trial court dismissed a real estate agency sued for an alleged failure to disclose the location and impact of flood zones on real property damaged as a result of Hurricane Katrina.

Once again our firm is proud to be a "Toys for Tots" sponsor.  An American Holiday tradition for over sixty years, Toys for Tots is organized annually by the United States Marine Corps Reserve. Toys and monetary donations may be dropped off at our office located at 711 Delmas Avenue in the heart of downtown Pascagoula between 8:00am and 5:00 pm Monday through Friday.  Donations of new and unwrapped toys should be for children ages 12 and under.  The deadline for donations is Decem...

The Mississippi Bar Association recently announced Karl R. Steinberger is one of two nominees to be President-elect for 2010-2011.  Throughout his professional career, Karl has been active in the Bar, serving in a number of capacities including most recently as a Bar Commissioner and Chairman of the Professional Responsibility Committee.  The election will be held in January 2010, with the winner taking office in July.   After a one year term, the President-elect will automat...

Karl Steinberger will be the guest speaker at the regular monthly meeting of the Jackson County Chapter of the American Society of Safety Engineers (ASSE) beginning at 11:45 AM on November 17, 2009 at the La Font Inn in Pascagoula.  Karl will be addressing the basic elements of the Family Medical Leave Act and, in particular, the 2009 amendments enacted by Congress.  The public is invited to attend.  For further information, contact our office or ASSE President Chuck Szumigala (22...

Recently the Mississippi Court of Appeals unanimously affirmed a summary judgment dismissing a claim of professional negligence against an attorney.  In Grandquist v. Robertson, the Plaintiff and a property owner agreed to a sale of a parcel in George County.  The property owner's attorney prepared a warranty deed transferring the parcel to the Plaintiff.  However, upon conclusion of the transaction, the property owner failed to cancel the deed of trust against the parcel.  E...

The Mississippi Court of Appeals rejected an appeal from a summary judgment granted in favor of the Mississippi Department of Transportation (MDOT).  In Deanie Lee, et al v. MDOT, the Plaintiffs sought damages from MDOT for a 2003 motor vehicle accident in George County resulting in personal injuries and death.  MDOT won summary judgment on the basis that (1) no proof existed of a design defect in the highway, (2) the danger of the roadway condition was open and obvious, relieving MDOT...

Jimmy Heidelberg has been selected for inclusion in the 2010 edition of “The Best Lawyers in America” in the specialties of Medical Malpractice and Personal Injury Litigation. This year's honor places him among a distinguished group of attorneys who have now been listed in “Best Lawyers” for ten years or more. For a quarter century, “Best Lawyers” has been regarded by both the profession and the public as the definitive guide to legal excellence in the United States.

The Mississippi Court of Appeals affirmed a decision in favor of Beau Rivage Resorts, Inc. in a workers compensation complaint.  The claimant-employee alleged she injured her shoulder at work and could not return to gainful employment.  Beau Rivage demonstrated at trial that the employee's shoulder complaints were the same before and after her workplace accident, and any additional injuries resulting from her accident were merely temporary.  The Mississippi Worker's Compensation C...

A federal court recently granted summary judgment to Singing River Health System in a case filed under the Age Discrimination in Employment Act (ADEA).  There a maintenance worker claimed the employer terminated her because of her age.  The hospital responded that she had been terminated because she had violated its policies by putting cleaning supplies in her car, and allegedly transporting them to another facility owned by the employer. In rebuttal, the employee claimed she was follo...

The Mississippi Senate this week confirmed Jimmy Heidelberg as the newest member of the Mississippi State Oil and Gas Board.  Nominated by Lt. Governor Phil Bryant, Jimmy will serve a four year term. The Oil and Gas Board is charged "to foster, encourage and promote the development, production and utilization of the natural resources of oil and gas in the State of Mississippi"  As a member of the five person Board, Jimmy will be responsible for authorizing and supervising the monitorin...

In a rare win for an employer, Oxford HealthCare, represented by Tristan Armer, persuaded an administrative law judge for the Mississippi Workers' Compensation Commission to deny a claimant-employee any permanent disability benefits.  The claimant-employee alleged she injured her lower back while lifting a patient at work.  She initially received medical treatment and initial benefits for the injury.  Through the coordinated efforts of the employer, carrier, a nurse case manager a...

After a six-day trial in state court in Biloxi, Heidelberg Steinberger won a jury verdict for their client, a gastroenterologist being sued for serious injuries and a claim of permanent disability, allegedly resulting from an endoscopic procedure and follow up medical care.  After presentation of plaintiffs’ and defendant's fact and expert witnesses, the jury deliberated only 16 minutes before returning its verdict for the physician. The key issues addressed were (1) the standard of care, s...

Jimmy Heidelberg has been named one of 2008's Mid-South Super Lawyers.  Super Lawyers is a listing of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.  A rigorous, multi-phase selection process is undertaken which includes a statewide survey of lawyers, independent evaluation of candidates by an attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check with state bar/licensi...

Led by Stephen Burrow, Heidelberg Steinberger won a jury trial in Biloxi for a neurosurgeon being sued by a brain-damaged child who claimed almost $12 million in damages.  After eight days of trial and a over a dozen witnesses, the jury deliberated for almost nine hours before returning its verdict for the neurosurgeon.   As in most medical negligence cases, the key issues addressed standard of care and whether our client's actions contributed to the child's neurological problems. ...

Led by Jimmy Colmer, our attorneys obtained a defense verdict in Jones County, Mississippi, on behalf of their client, a waste disposal company.  The plaintiff alleged our client's garbage truck struck him, causing debilitating back injuries preventing his return to work.  The defense successfully demonstrated the plaintiff’s back condition existed prior to the accident, and no causal connection existed between the accident and the plaintiff’s back condition or his inability to return ...

Heidelberg, Steinberger, Colmer & Burrow successfully settled a complex lawsuit on behalf of over two hundred local homeowners whose property was flooded after Hurricane Georges.  This case was litigated for nearly ten years and the jurisdictional basis of the case was appealed to the United States Supreme Court.  Heidelberg Steinberger attorneys were able to establish that the proper jurisdiction in which to litigate the matter was the Chancery Court of Jackson County, Mississippi...