Practice Area Highlights
Mississippi – Butler Snow recently obtained a summary judgment for Community First Holdings, Inc., d/b/a Picayune Item in a defamation case pending in the United States District Court for the Southern District of Mississippi (Jerry Hegwood v. Community First Holdings, Inc., d/b/a Picayune Item, No. 1:06cv1105-LG-JMR (March 12, 2008)). Plaintiff filed a suit for defamation and gross negligence based on the news article, “Deputies make several arrests,” published by the Picayune Item. The news article – based on an official news release prepared and distributed by the Pearl River County Sheriff’s Department – reported about Plaintiff’s arrest by the Sheriff’s Department for home repair fraud. The Court dismissed Plaintiff’s defamation claim on the ground that the article was a fair and accurate republication of an official report and, accordingly, was protected by the official report privilege. In dismissing Plaintiff’s gross negligence claim for Defendant’s failure to retract, the Court held that Mississippi’s Retraction Statute, Miss. Code Ann. § 95-1-5 (2008), does not create a duty under Mississippi law to retract. The Butler Snow team was led by John C. Henegan and Malissa Winfield.
Mississippi – Butler Snow obtained a defense verdict on Wednesday, February 27, 2008, in a premises liability case against a major department store in which the plaintiff alleged she was injured while shopping and sustained mild brain damage. The jury deliberated about an hour before returning a defense verdict in the case, tried in federal court in Jackson before The Honorable Henry T. Wingate. The Butler Snow team was led by Chad R. Hutchinson.
Mississippi – A judgment obtained by Butler Snow for ATT-Mississippi (f/k/a BellSouth Telecommunications, Inc.) was recently affirmed on appeal in Ty and Lisa Marie Wamsley v. BellSouth, Warren County Chancery Court, Cause No. 2006-351 (January 8, 2008). The Wamsleys sued BellSouth in trespass seeking damages and relocation of a utility pole that was in their front yard when they purchased their home. After a bench trial, the trial court held (and the appellate court affirmed), that BellSouth’s installation of its pole and attachments on the original landowner/developer’s undivided property, at his request, does not constitute trespass. A subsequent purchaser of one of the severed parcels (like the Wamsleys), therefore, could not make BellSouth a trespasser for maintaining the utility facilities previously installed. The Butler Snow team was led by LeAnn W. Nealey and John C. Henegan.
Mississippi – Butler Snow recently obtained a summary judgment for Yamaha Motor Corp., U.S.A., and Yamaha Motor Co. Ltd. in a product liability case pending in the United States District Court for the Southern District of Mississippi (Baggett v. Yamaha Motor Corp., U.S.A., No. 3:06-CV-00184-TSL-JCS, slip op. (S.D. Miss. Jan. 11, 2008)). The Court dismissed the case because the plaintiff intentionally dismantled the Yamaha all-terrain vehicle ("ATV") before Yamaha had the opportunity to examine the ATV in the condition it was immediately after two alleged accidents, for which the plaintiff was suing. The Court recognized that although up to that point the remedy for the spoliation of evidence in the Fifth Circuit was an "adverse inference," the Court joined other federal district and circuit courts in recognizing that because (1) the plaintiff intentionally destroyed the evidence, (2) the plaintiff knew the relevance of the evidence to his case, and (3) the defendants were substantially prejudiced by its destruction, the outright dismissal of the case was warranted. Also significantly, the Court held a recall notice was not sufficient by itself to establish a defect caused the alleged accidents. The plaintiff still had to prove such a defect caused the accidents through an expert witness or other evidence. The Butler Snow team was led by Robert A. Miller and Trey E. Bourn.
Wireless Industry Negotiation
Mississippi - Butler Snow represented the Mississippi Wireless Communication Commission and the Mississippi Department of Information Technology in their successful negotiation and signing on June 29, 2007, of a $220 million contract to build the Mississippi Wireless Integrated Network. The MSWIN project, one of the largest single public works projects in the state’s history, will deploy a wireless voice and data capable infrastructure over the next six years to provide all users a public-safety grade, statewide, interoperable, seamless roaming radio system. The system is intended to provide highly reliable, fast access, for the state’s emergency-responders and public safety personnel. The Butler Snow team was represented by Mark Garriga, Johnny Healy and Ron Taylor.
Mississippi - Butler Snow represented Oxford Publishing, Inc. its affiliates and their respective shareholders in connection with the sale of all of their stock to Questex Media Group, Inc., a global business-to-business diversified media company based in Newton, Massachusetts. Among other things, Oxford Publishing conducts the nation’s largest beverage and food trade show annually in Las Vegas, Nevada. Butler Snow supervised a multi-stage auction process for the selling companies and served as transaction counsel in connection with the consummation of the sale. The Butler Snow team was led by Barry Cannada and Sai Ireland and included Paul Varner, Jack Nichols, Gilbert Van Loon, Johnny Healy, Jim Montgomery and Marcie Davant.
Uniform Commercial Code
Mississippi - Butler Snow successfully defended Highside Chemicals, Inc. in a commercial dispute against claims under the Uniform Commercial Code and tort law brought by a Canadian manufacturer of automotive service equipment claiming economic damages in excess of $4.5 million. Anita Modak-Truran and Mark Dreher of Butler Snow's Jackson office and Bob Galloway from Butler Snow 's Coast office tried the case for Highside Chemicals, Inc. in Federal Court in Gulfport, MS. After an eight day trial, the jury returned a defense verdict in favor of Highside Chemicals, Inc. on all claims.
Chemicals
Michigan - A team of Butler Snow attorneys led by Lee Davis Thames recently prevailed in a chemical exposure case involving 256 individual plaintiffs. The case was in the U.S. District Court, Eastern District of Michigan. Eric Hudson worked with Thames to develop the discovery necessary for dispositive motions, and attorneys in the firm's Appellate and Written Advocacy Group prepared both dispositive motions and numerous Daubert motions. Donna Jacobs, Practice Group Leader, argued the dispositive motions. In March 2007, the Court entered judgment as a matter of law in favor of Butler Snow's client.
Mergers, Acquisitions & Restructuring
Tennessee - Butler Snow represented West Fraser Timber Co, Ltd. in the purchase of 13 lumber mills located in seven southern states from International Paper Company for approximately $325 million. Butler Snow served as lead US counsel on the transaction and worked with West Fraser's Canadian counsel, Lang Michener LLP, to complete the acquisition and associated financing, and real estate matters for the acquisition and related timber supply agreements. The Butler Snow team was led by G. Robert Morris, and included Joey Dudek, Gregg Gumbert, Elizabeth Saxton, Doug Sweet, Jeff Walker, Virginia Wilson and Jason Yarbro.
