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Michael C. McCabe, Jr.

Michael C. McCabe, Jr.

Contact

(228) 575-3025 Email Me Download vCard Connect on LinkedIn

Practice Areas

Industries

Michael focuses his practice on business litigation, including business torts, real estate disputes and employment matters.  He is AV-rated by Martindale-Hubbell® and has been recognized by Best Lawyers in America® and Super Lawyers® in the field of business litigation.  Michael has held leadership positions in numerous civic and professional organizations.  Michael currently serves as Chair of the Ethics Committee of the Mississippi Bar for the 2021-2022 fiscal year and is a member of the Multistate Essay Examination/Multistate Performance Test Committee of the National Conference of Bar Examiners.  In 2018, the Mississippi Supreme Court appointed him to a second term on the Mississippi Board of Bar Admissions.

Biography – View PDF Bio

Associations

Bar Admissions

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

Civic Involvement

  • Lynn Meadows Discovery Center
    • Board of Directors
      • Chair, 2017-2018
      • Vice Chair, 2015-2016

Distinctions

  • Martindale-Hubbell®
    • AV®- Preeminent™ Peer Review Rated, 2011-Present
  • Best Lawyers in America®
    • Commercial Litigation, 2021-2022
  • Super Lawyers®
    • Mid-South Super Lawyers, 2013-2017
    • Mid-South Rising Stars, 2010-2012
  • Mississippi Board of Bar Admissions
    • Board Member, 2015-2018, 2018-2021
    • Member, Committee on Character and Fitness, 2013-2015
  • Leadership Mississippi, Class of 2013
  • Member, Multistate Essay Examination/Multistate Performance Test Committee, National Conference of Bar Examiners

Education & Honors

  • University of Mississippi, J.D., 2004
    • Moot Court Board
    • Law School Student Body Senator
  • Mississippi State University, B.B.A., Business Administration, magna cum laude, 2001
  • Clerk, Chief United States Magistrate Judge John M. Roper, Sr., 2004-2005

Experience

  • General representation of casino resort operator, including matters of employment, contracts, real estate and litigation.  
  • Extensive experience in the prosecution of and defense against non-compete, non-solicitation and trade secret claims. Michael has successfully defended multiple casino operators and C-level executives against allegations of theft and/or misuse of competitors’ proprietary customer information.  
  • Counsel for casino operator in high stakes real estate litigation seeking the enforcement of a commercial ground lease for property where gaming operations were conducted.
  • Counsel for indenture trustee in litigation relating to financing and insurance for casino resort following Hurricane Katrina.
  • Defended owner of frac sand processing facility and its affiliates in federal court lawsuit filed by 12 residential homeowners asserting claims for negligence and trespass relating to alleged increased flooding and structural damage resulting from the facility’s construction, nuisance relating to facility operations, and declaratory relief relating to restrictive covenants against the development of real property acquired with FEMA HMGP funds.
  • Counsel for multiple water and wastewater public utility companies and regulatory agencies involving challenges to rate structures and litigation 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. See, e.g., Dedeaux Utility Co., Inc. V. City of Gulfport 63 So. 3d 514 (Miss. 2011).
  • 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.
  • Defense counsel in over 200 Hurricane Katrina first party, extra-contractual insurance lawsuits. Trial counsel for major insurance company in two Hurricane Katrina insurance trials resulting in directed verdicts for defendants - responsible for all expert witness issues at trial. 

In the News

Papers, Presentations, & Publications

  • Lecturer, “Lawyers as Officers of the Court: Preserving the Integrity of the Judicial Process” – The Young Lawyers Division of the Mississippi Bar, Bridge the Gap: Rule 3 – New Lawyer Program, June 1, 2017, Gulfport, Mississippi.
  • Author, "Substantial Justice in the Valuation of Public Utility Companies," Law360.com, August 2012.
  • Contributor, "Evidentiary Issues in Trucking Litigation," The MDLA Quarterly, Vol. 36, No. 2, pgs. 12-19, Summer 2012. 
  • Author, "Substantial Justice in Eminent Domain Proceedings: The New Date of Valuation for Privately-Owned, Public Utility Companies," Mississippi Bar, Litigation Section E-Newsletter, Vol. 2, Issue 1, pgs. 12-18, May 2012. 
  • Author, "Substantial Justice in the Valuation of Public Utility Companies," Mississippi Bar, Litigation Section E-Newsletter, Vol. 2, Issue 1, pgs. 12-18, May 2012.
  • Contributor, "Identifying Common Evidentiary Issues in Trucking Litigation," ABA – The BRIEF (Tort Trial & Insurance Practice Section) Fall 2011, Vol. 41, No.1.

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