Luther is a member of the firm’s Appellate and Written Advocacy Group and concentrates his practice on appellate matters, media law, constitutional law, professional liability and product liability defense.

Biography – View PDF Bio

Associations

Bar Admissions

  • Mississippi, 1976
  • U.S. District Courts
    • Mississippi: Northern, Southern
  • U.S. Court Of Appeals
    • 5th Circuit
  • U.S. Supreme Court

Distinctions

  • AV-Rated, Martindale-Hubbell
  • Chambers USA, America's Leading Lawyers for Business, Litigation: Appellate (Mississippi), 2016
  • The Best Lawyers in America®, Appellate Practice (2007-2017); Bet-the-Company Litigation (2010-2017); Commercial Litigation (2007-2017); First Amendment Law (1995-2017); Litigation - First Amendment (2011-2017); Litigation - Intellectual Property (2011-2017); Litigation and Controversy - Tax (2011-2017); Media Law (2011-2017)
  • The Best Lawyers in America® Lawyer of the Year, Appellate Practice
  • Mid-South Super Lawyers®, Appellate , 2006-2015
  • Advisory Committee on Appellate Rules to the Judicial Conference of the United States, 1992-1998
  • Lawyers' Advisory Committee, U.S. Court of Appeals, 5th Circuit, 1990-2002
  • Chair, Alumni Council of Princeton University, 1995-1997
  • Associate Professor, Mississippi College School of Law, 1986-1989

Education & Honors

  • University of Virginia, J.D., 1976
    • Editorial Board, University of Virginia Law Review
  • Oxford University, B.A., Political Science and Economics, first class, 1973
  • Princeton University, A.B., 1971
  • Clerkship,
    Honorable Paul H. Roney, U.S. Court of Appeals, 5th Circuit
  • Clerkship,
    Honorable Harry A. Blackmun, ​U.S. Supreme Court

Experience

  • Epperson v. Southbank, 93 So.3d 10 (Miss. 2012) (reversed Court of Appeals on certiorari and upheld client’s ability to restrict certificate of deposit withdrawals).
  • Pascagoula School District v. Tucker, 91 So.3d 598 (Miss. 2012) (reversed chancellor and upheld client’s state constitutional right to certain ad valorem tax revenues).
  • McDonald v. Raycom TV Broadcasting, Inc., 665 F.Sup. 2d 688 (S.D. Miss. 2009) (summary judgment granted to television client in defamation action).
  • Poliner v. Texas Health Systems, 537 F.3d 475 (5th Cir. 2008) (amicus brief for hospitals; hospital immunity under HCQIA enforced).
  • Travelers Cas. & Sur. Co. v. Ernst & Young, LLP, 542 F.3d 475 (5th Cir. 2008) (represented plaintiff in accountant malpractice suit: $14 million judgment affirmed).
  • Baker Donelson Bearman & Caldwell, P.C. v. Muirhead, 920 So. 2d 440 (Miss. 2006), (reversed million dollar judgment and held client lawyer’s handling of bad faith suit was not malpractice).
  • Tanks v. Lockheed Martin Co., 417 F.3d 456 (5th Cir. 2005) (reversed district court and enforced workers’ compensation immunity in plant shooting suit against client).
  • Titan Insurance Co. v. Hood, 895 So. 2d 138 (Miss. 2004), (enforced forum selection clause and reversed $75 million judgment against client).
  • Lipscomb v. Columbus Municipal Separate School District, 277 F.3d 1375 (5th Cir. 2001) (court upheld Contracts Clause protection for 19th century school lands leases held by clients).
  • More...

Publications

  • Co-Author, "Classification When "Equivalence" Means "Safety," Pro Te: Solutio, Vol. 8 No. 2, Summer 2015
  • Co-author, "The Door to Open Government in Mississippi," Tapping Officials’ Secrets (Reporters Committee for Freedom of the Press, 2015).
  • Co-author, "Survey of Mississippi Privacy and Related Claims Against the Media" 50-State Survey: Media Privacy and Related Law 2014-2015 (Media Law Resource Center).
  • Mississippi Appellate Practice (MLI Press 2010).
  • "The Peacemaker Test: Application and Comparison," 80 Miss. L. J. 639 (2010).
  • "The Peacemaker Test: Designing Legal Rights to Reduce Legal Warfare," 12 Harv. Neg. L. Rev. 377(2007), selected for the 2008 Green Bag Almanac.