Phillip Thomas has an informative post about Eaton v. Frisby. Before reading it, here’s some chronology that will set one piece of news in context.
Recall the timing:
- 1) Mike Allred, a lawyer for Eaton Corp., agrees to pay a witness for testimony in Eaton’s case against Frisby Copr. Allred and whoever else knew about the agreement fail to disclose it in discovery requests from Frisby .
- 2) Frisby finds out about the agreement and goes after Eaton in motions for sanctions, both for making the agreement and failing to disclose it.
- 3) Eaton contends the whole agreement and discovery thing was isolated to its Mississippi lawyer, Mike Allred, and that it had taken Allred off the case and so everything was ok.
- 4) The special master finds otherwise, that Eaton should be sanctioned for its conduct.
- 5) Eaton secretly hires Ed Peters to influence Judge DeLaughter and undo the findings of the special master.
One thing that had not been disclosed as far as I knew was this: Who recommended hiring Peters? Many of us had guesses, but I think this is the first confirmation. It was Mike Allred, who was supposedly off the case.
Thomas also has other details, for instance that part of Peters’s pay was a 1% contingent fee, varying based upon how effectively he influenced DeLaughter. Recall that Eaton has said throughout that it’s case was worth a billion.
It’s a good post. I’ll have some more Eaton material, either tonight or tomorrow.
This is where Anderson asks when, exactly, the state bar might do something about this mess.

And this is where Ben predicts that The Bar will not do a damn thing … or no more than the absolute least possible thing to protect itself from claims that it did nothing. The Mississippi Bar is little more … damn little more … than high school student council.
Who will police the police?
Ah, Mississippi. The “seal happiest” state in the country. Even if “something” is “done,” isn’t it a lead pipe cinch that it will be “sealed”?
I’ve been anticipated. Allred is the Teflon character in this mess.
Note that I’ve corrected a name mis-type in the first bullet in this post.
Aren’t perjury and obstruction of justice crimes? What about misprision of a felony? Why is it that only the peons in this dust-up were prosecuted? The laws of the land just don’t apply to big fish like Eaton, their corporate officers, or their big city lawyers. Money talks – business as usual.
Watch it, PostHoleDigger. You’re asking forbidden questions!