Biography

Associations

Bar Admissions

  • Mississippi, 1989
  • U.S. District Courts
    • Mississippi: Northern, Southern
  • U.S. Court Of Appeals
    • 5th Circuit
    • Federal Circuit

Distinctions

  • AV-Rated, Martindale-Hubbell
  • Adjunct Professor, Legal Analysis and Writing, Mississippi College School of Law
  • ​President’s Special Award for Outstanding Service to Children, Young Lawyers Division, Mississippi Bar, 1998

Education & Honors

  • Mississippi College, J.D., special distinction, 1989
    • Associate Editor, Mississippi College Law Review
  • University of Wisconsin-Whitewater, B.S.E., magna cum laude, 1984

Experience

  • Kroger Co. v. Knox, 98 So. 3d 441 (Miss. 2012) (Reversing a $ 2.5 Million judgment against a major grocery retailer in a premises liability case involving a woman beaten in a purse snatching on the store premises, the Court finding that evidence of four prior incidences was insufficient to establish the requisite atmosphere of violence and, additionally, there was no duty to supply armed security in the parking lot where the customer failed to prove her attack was a foreseeable consequence of the retailer’s lack of armed security in the lot).
  • Patrick v. Wal-Mart, Inc.--Store No. 155, 681 F.3d 614 (5th Cir. 2012) (affirming summary judgment in Wal-Mart’s favor because (a) claim that initial workers’ compensation benefits denial was in bad faith was time-barred, and (b) amended complaint presenting claims that overcame limitations bar failed to satisfy plausibility requirement for pleadings).
  • Double Quick, Inc. v. Lymas, 50 So. 3d 292 (Miss. 2010) (reversing $4.2 million judgment (reduced to $1.7 million upon application of statutory cap) and rendering judgment in favor of Double Quick, holding that patron failed to show proximate causation and thus did not establish a premises liability claim against the store).
  • Tishomingo R.R. v. BellSouth Telecommunications, Inc., 819 F. Supp. 2d 632 (N.D. Miss. 2010), aff'd, 451 Fed. Appx. 379 (5th Cir. 2011) (affirming judgment in BellSouth’s favor, holding that it did not owe licensing fees to railroad for fiber optic cable placed along railroad right-of-way because BellSouth had (i) a vested contract right to be along the right-of-way pursuant to Mississippi Laws of 1886, Chapter 38; (ii) a valid easement from NASA; and (iii) an easement by necessity). 
  • Ellis v. Gresham Services Stations, Inc., 55 So. 3d 1153 (Miss. Ct. App. 2011) (affirming summary judgment in favor of Double Quick based on a finding that no genuine issue of material fact existed as to Double Quick's actual or constructive knowledge of an "atmosphere of violence" on the store's premises).
  • Gulf South Pipeline Co. v. Pitre, 35 So. 3d 494 (Miss. 2010) (Following a jury verdict in favor of the landowner for $175,000 in this eminent domain proceeding, Gulf South’s motion for a judgment notwithstanding the verdict was denied by the trial court. On appeal, the Mississippi Court of Appeals affirmed. Granting Gulf South’s petition for writ of certiorari, the Mississippi Supreme Court reversed the trial court and Court of Appeals, and remanded for a new trial). 
  • Double Quick, Inc. v. Lymas, 50 So. 3d 292 (Miss 2010) (reversing $4.2 million judgment (reduced to $1.7 million upon application of statutory cap) and rendering judgment in favor of Double Quick, holding that patron failed to show proximate causation and thus did not establish a premises liability claim against the store).
  • Borne v. Dunlop Tire Corp., Inc., 12 So. 3d 565 (Miss. Ct. App. 2009) (summary judgment for Dunlop affirmed based on plaintiff's lack of tire identification).
  • Townsend v. Doosan Infracore American Corp., 3 So. 3d 150 (Miss. Ct. App. 2009) (affirming trial court's exclusion of plaintiff's causation expert for lack of proper methodology under Daubert/McLemore standards and affirming summary judgment). 
  • More...

Publications

  • A Reference Guide for Practitioners: The Mississippi Trial Courts of Record and Appellate Courts, The MDLA Quarterly (Spring 2012). 
  • "Appeals Court Rejects Certification for Injunction Relief in Class Action," Counsel's Advisory (Washington Legal Foundation), May 6, 2011. 
  • "Preserving Summary Judgment Based on the Exclusion of Expert Testimony," The MDLA Quarterly (Fall 2009). 
  • "Daubert Admissibility Standards and Summary Judgment," Certworthy (Summer 2008). 
  • Speaker, Fifth Circuit Update, "Annual Federal Practice and Procedure," (June 2009). 
  • "A Guide to Legal Analysis," For the Defense (February 2006). 
  • Mark Hermann's The Curmudgeon's Guide to Practicing Law, For the Defense (August 2006). (Book Review). 
  • George Copen's Expectations: Teaching Writing from the Reader's Perspective, Certworthy (Spring 2005). (Book Review).