Butler Snow

Michael C. McCabe, Jr.

Commercial Litigation Group

Gulf Coast Office
Tel: (228) 575-3025
Email: michael.mccabe@butlersnow.com

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Areas of Emphasis

Commercial Litigation
Employment Litigation
Insurance Bad Faith Litigation
Public Utilities Litigation

Distinctions

Mid-South Rising Stars®, Business Litigation
AV-rated, Martindale-Hubbell

Education & Honors

University of Mississippi, J.D., 2004
Moot Court Board
Law School Student Body Senator

Mississippi State University, B.B.A., magna cum laude, 2001
Clerk, Chief United States Magistrate Judge John M. Roper, Sr., 2004-05

Associations

American Bar Association
Mississippi Bar Association
- Chair, Unauthorized Practice of Law Committee, 2011-12
Harrison County Bar Association
Harrison County Young Lawyers Association

Bar Admissions

Mississippi, 2004
U.S. District Courts
- Mississippi: Northern and Southern Districts
U.S. Court of Appeals
- 5th Circuit

Legal Experience

Dedeaux Utility Co., Inc. V. City of Gulfport 63 So. 3d 514 (Miss 2011).
Counsel for multiple water and wastewater public utility companies in multi-million dollar lawsuits involving allegations of breach of contract/express warranty in sale of public utility, condemnation of a public utility and constitutional issues relating to disputed well permits and invasion of public utility’s certificated area.
Litigated issues ranging from testing the methodology for valuation of tangible and intangible assets of water and wastewater utility companies; constitutionality of statutory date of valuation; application of warranty principles to sale aging utility system. Representation involved analysis of thousands of pages of purchase and inspection documents and identification of issues appropriate for expert testimony.
Defense counsel in over 200 Hurricane Katrina bad faith insurance lawsuits, including management of expert witnesses and Daubert hearings in both state and federal courts.
Trial counsel for defendant in Hurricane Katrina bad faith insurance lawsuits resulting in directed verdicts for defendants - responsible for all expert witness issues at trial.
Counsel in numerous business and commercial lawsuits involving breach of contract, breach of partnership agreements, derivative actions.
Counsel in multi-million-dollar litigation relating to casino financing and insurance following Hurricane Katrina.
Counsel for limited liability company in multi-million-dollar litigation initiated by member/developer directly against LLC and other member arising from failed real estate development project on Mississippi Gulf Coast.
Counsel in appeals before Mississippi Supreme Court and Fifth Circuit Court of Appeals, including lead in drafting of all appellate briefing in two appeals from public utility condemnation and inverse condemnation actions.
Experienced in prosecuting and defending interlocutory appeals to Mississippi Supreme Court.
Counsel in probate, real estate, third party liability defense, insurance coverage.

Papers, Presentations & Publications

Contributor "Identifying Common Evidentiary Issues in Trucking Litigation," ABA – The BRIEF (Tort Trial & Insurance Practice Section) Fall 2011, Vol. 41, No. 1.