Law School Faculty Highlights

Professor Farish Percy Elected Fellow of American College of Coverage Counsel

Farish Percy, University of Mississippi School of Law Professor of Law and Jamie L. Whitten Chair of Law and Government, has been elected as a Fellow of the American College of Coverage Counsel.

The ACCC is a national organization comprised of over 300 preeminent lawyers involved in coverage and extracontractual matters, with Fellows representing both policyholders and insurers and Honorary members from academia. Established in 2012, the College is focused on the creative, ethical, and efficient adjudication of insurance coverage and extra-contractual disputes, peer-provided scholarship, professional coordination and the improvement of the relationship between and among its diverse members.

“I look forward to getting to know the lawyers and academics in the group and learning from their expertise,” Percy said.

The organization engages in a rigorous vetting process prior to inviting a lawyer to become a fellow. Fellows include many of the most prominent members of the insurance law bar and academia, including Percy.

Percy joined the Ole Miss Law faculty in 2001 after practicing with the Tollison Law Firm, P.A. in Oxford, Mississippi for eight years. While engaged in private practice, Professor Percy concentrated in tort litigation, commercial litigation and appellate practice. She tried numerous civil cases in state and federal courts in Mississippi and briefed and argued several appellate cases before the United States Court of Appeals for the Fifth Circuit and the Mississippi Supreme Court. Percy regularly teaches Torts, Civil Procedure II, Insurance and Evidence. She acted as the reporter for the Civil Procedure and Complex Litigation Subcommittees of the Mississippi Supreme Court Advisory Committee on Rules from 2006 to 2021 and she offers an annual CLE to the Mississippi bar that focuses on recent developments in Mississippi civil law.

Percy has published law journal articles addressing the medical malpractice liability insurance crisis, removal/remand litigation based on fraudulent joinder and fraudulent misjoinder and ERISA’s effect on health insurers’ claims for subrogation and reimbursement. Her articles have appeared in the Harvard Journal of Law and Public Policy, the Iowa Law Review, the Florida Law Review, the Baylor Law Review and the Mississippi Law Journal. She is also a member of the American Law Institute.

The ACCC focuses on educating all sectors involved in the field of insurance law – including the judiciary, legal and insurance professionals, law students and businesses – on cutting edge, emerging, and critical issues such as developing trends in insurance law and bad faith, trial practice and alternative dispute resolution, policy formation and claims handling. To this end, the ACCC holds an annual meeting with two days of topical programming, publishes scholarly papers, presents an annual insurance law symposium at a US law school and sponsors a writing competition with the aim of encouraging law students to pursue a career in the challenging field of insurance law.


Gershon Presents Top Five Code Sections That Should Not Exist At Alabama

From Tax Prof Blog: 

Richard Gershon (Mississippi) presented Top Five Code Sections That Should Not Exist at Alabama this week:

As a fan of the strange and unusual, I am a fan of YouTube. YouTube channels often feature top 5’s. For example, the Top 5 Unknowns often features videos like “The Five Photos That Should Not Exist.” I find it so interesting that even though those photos should not exist, they in fact do exist. Since every aspect of life eventually leads back to tax law, I realized that there are at least five sections of the Internal Revenue Code (IRC) that should not exist, but nevertheless do exist. In true YouTube style, this article will discuss each of these five sections in order from least compelling to most compelling and will include one honorable mention.

The sections I have chosen in this article are those that have always bothered me when I taught them in my tax classes. The article will address the flaws in policy, application, or both of each of the code sections discussed. So, turn out the lights and grab some popcorn because tax law is always entertaining.

  • Number 1: § 101
  • Number 2: § 280E
  • Number 3: § 117(d)
  • Number 4: § 104
  • Number 5: §1014(e)
  • Honorable Mention: All of Subchapter K (the Partnership Tax Provisions)

MacArthur Center Director Cliff Johnson Files Complaint with Judicial Commission

The Mississippi head of a legal advocacy organization has filed a formal complaint with the state judicial commission against a municipal judge whose no-knock search warrants have been challenged in court.

Cliff Johnson of the Mississippi office of the MacArthur Justice Center said he filed the complaint with the state Commission on Judicial Performance to push the state Supreme Court to clarify that judges must hand all search warrants they sign over to local court clerks.

Read the full ProPublica article here.