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Areas of Emphasis
- Insurance sales practices, claims-handling, and coverage
- Commercial dispute resolution and litigation
- Federal jurisdiction
Education & Honors
- Vanderbilt University, J.D., 1984
- Order of the Coif
- Furman University, B.A., cum laude, 1981
- Blue Key, Omicron Delta Kappa
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Associations
- Mississippi Bar
- Texas Bar
Bar Admissions
- Mississippi, 1988
- Texas, 1984
- U.S. District Courts
- Mississippi: Northern and Southern Districts
- Texas: Northern, Southern and Western Districts
- U.S. Court of Appeals
- 5th Circuit
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Legal Experience
- Twenty-five years’ experience in commercial litigation in State and Federal trial and appellate courts.
- Took lead in representing Estate in Tax Court trial re: valuation of controlling interest in closely-held corporation. Settlement reached after trial and before ruling from Court reduced multi-million dollar tax deficiency by over 98%. Trial Transcript - voir dire and cross of government valuation expert
- Took lead in representing Receiver of a Federal Land Bank seeking to rescind sale of 1.8 million acres of mineral rights to sister bank. Seven-figure settlement reached after one week of State Court bench trial.
- Examined all environmental experts in Tax Court case involving the value of a Mississippi site used for underground atomic bomb tests. Settlement reached after trial and before ruling from Court transformed multi-million dollar tax deficiency into multi-million dollar tax refund. Taxpayer's Motion in Limine re: Government Valuation Experts
- Extensive experience counseling insurance companies and insureds on duty to defend, duty to indemnify, duty to settle, and related coverage questions.
- Extensive experience assisting heavy equipment, truck, automobile dealers and other retailers in resolving customer disputes prior to litigation.
- Reunion, Inc. v. United States of America, __ Fed.CL __, 2009 WL 4800045 (striking government’s insufficient defenses, and granting summary judgment on liability for just compensation under the Fifth Amendment). Opening Brief Rebuttal Brief Opinion
- Mississippi Phosphates Corp. v. Furnace and Tube Service, Inc., 2009 WL 1448967 (S.D. Miss.) (coverage, under CGL, for lost profits due to construction mishap). Brief Opinion Opinion on motion for reconsideration
- Frankin Corp. v. Tedford, 18 So.3d 215 (Miss. 2009) (rejecting “substantial certainty” test for intentional tort exception to worker’s comp exclusivity rule). Amicus Brief Opinion
- U-Save Auto Rental of America, Inc. v. Furlo, 608 F.Supp. 3d 718 (S.D. Miss. 2009) (enforcement of arbitration agreement, and resulting arbitration award; federal jurisdiction amount in controversy). Brief District Court Opinion Fifth Circuit Brief Fifth Circuit Opinion
- Jordan v. Burlington Northern Santa Fe R. Co., 2009 WL 112561 (TN App.) (affirming $4 million FELA verdict). Brief of Appellee Opinion Opposition to Motion for Leave to Appeal Opposition to Petition for Writ of Certiorari Denial of Writ of Certiorari
- Barbour v. State ex rel. Hood, 974 So.2d 232 (dispute between Governor and Attorney General over special election to fill U.S. Senate vacancy). Brief of Appellant Reply Brief of Appellant Opinion
- Watts v. Radiator Specialty, 990 So.2d 143 (Miss. 2008) (affirming j.n.o.v. on benzene lymphoma claim) (amicus brief re: Daubert). Brief of Amicus Opinion
- Paint Plus Pro Center v. PPG Architectural Finishes, Inc., 2008 WL 241595 (S.D. Miss.) (good faith and fair dealing; franchise agreement). Memorandum in Support re Supplemental Motion for Summary Judgment Rebuttal Memorandum in Support of Supplemental and Renewed Motion for Summary Judgment
- Canadian National/Illinois Central R. Co. v. Hall, 953 So.2d 1084 (Miss. 2007) (affirming $1.5 million FELA verdict). Brief of Appellee Opinion
- Lexington Ins. Co. v. Hattiesburg Medical Park Management Corp., 2007 WL 2011288 (S.D. Miss.) (duty to defend, bad faith). Memorandum in Support of Motion for Summary Judgment Rebuttal Memorandum in Support of Motion for Summary Judgment Opinion Granting in Part, and Denying in Part, Motion for Summary Judgment
- H&E Equipment Services, LLC v. Floyd, 959 So.2d 578 (Miss. App. 2007) (heavy equipment lease-purchase dispute). Brief of Appellee Reply Brief of Cross Appellant Opinion
- Paz v. Brush Engineered Materials, Inc. 2007 WL 14891 (Miss.) (rejecting independent claim for medical monitoring) (amicus brief). Brief of PLAC in Support of Appellees Opinion
- Ferrara v. Walters, 919 So.2d 876 (Miss. 2006) (amicus, on motion for rehearing) (marketable title). Brief of Amici Curia Opinion
- Sanderson Farms Inc. v. Ballard, 917 So.2d 783 (Miss. 2005) (arbitration, chancery jurisdiction, and venue in poultry growers' contract dispute). Brief of Appellant Reply Brief of Appellant Opinion
- Home Ins. Co. v. Mississippi Insurance Guaranty Association, 904 So.2d 95 (Miss. 2004) (declaratory judgment). Brief of Appellant Reply Brief of Appellant Opinion
- U-Save v. Moses, 80 Fed. Appx. 929 (5th Cir. 2003) (trade secrets and non-compete). Brief of Appellees Opinion
- Booker v. American General Life and Accident Ins. Co., 257 F.Supp.2d 850 (S.D.Miss. 2003) (insurance sales practices).
- Toxco, Inc. v. Transchem, LLC, 42 Fed. Appx. 712 (6th Cir. 2002) (breach of contract). Opinion Brief of Appellee
- American Bankers Ins. Co. v. Booth, 830 So.2d 1205 (Miss 2002) ("equitable class action" and lender-placed property insurance).
- Gipson v. Fleet Mortg. Group, Inc. 232 F. Supp. 2d 691 (S.D. Miss. 2002) (lender-placed insurance).
- Reed v. American General Life & Acc. Ins. Co., 192 F.Supp.2d 641 (N.D.Miss. 2002) (insurance sales practices).
- American Bankers Ins. Co. v. Wells, 819 So.2d 1196 (Miss. 2001) (lender-placed property insurance).
- American Bankers Ins. Co. v. Alexander, 818 So.2d 1073 (Miss. 2001) (lender-placed property insurance).
- Byrd v. Pioneer Life, 214 F.3d 1350 (5th Cir. 2000) (fraudulent joinder of insurance agent). Brief of Appellee Opinion
- Olexy v. Interstate Assurance Co., 113 F. Supp. 2d 1045 (S.D. Miss. 2000) (Fair Credit Reporting Act).
- Fulgham v. Woodmen of the World, 212 F.3d 594 (5th Cir. 2000) (fraternal benefit society life insurance). Brief of Appellee Opinion
- Gulf Guaranty Insurance Co. v. Connecticut General Life Ins. Co., 957 F. Supp. 839 (S.D. Miss. 1997) (arbitration under reinsurance treaty). Brief of Appellant Opinion
- Baptiste v. Archway Cookies, Inc., 675 So.2d 316 (Miss. 1996) (worker's compensation; statute of limitations).
- Loe v. Howard, 617 So. 2d 999 (Miss. 1992) (business broker fee dispute).
- LTV Energy Products Co. v. Chaparral Inspection Co., 827 S.W. 2d 593 (Tex. App.-Hous. [1 Dist.] 1992) (down-hole failure of oil well casing).
- Equitable Mortgage Corp. v. Mortgage Guaranty Insurance Co., 791 F. Supp. 620 (S.D. Miss 1990) (recission of mortgage insurance policy for material misrepresentation).
- Mercantile Nat. Bank at Dallas v. Bradford Trust Co., 850 F.2d 215 (5th Cir. 1988) (declaratory judgment re: lost stock certificate).
- James Myers & Associates, Inc. v. National Development Co., Inc. 722 S. W. 2d 491 (Tex.App-Dallas 1986) (business broker fee dispute).
Papers, Presentations, & Publications
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