Consistently recognized by Best Lawyers in America® and Mid-South Super Lawyers® in the areas of Product Liability and Commercial Litigation, Mike is also among an elite group of lawyers recognized by Who’s Who Legal: Product Liability Defense as the best in the United States. Mike is AV®-Preeminent™ Peer Review rated by Martindale-Hubbell®, is a member of the Product Liability Advisory Council and International Association of Defense Counsel and serves on the Steering Committee for the Defense Research Institute’s Product Liability Substantive Law Committee.
Overview
Consistently recognized by Best Lawyers in America® and Mid-South Super Lawyers® in the areas of Product Liability and Commercial Litigation, Mike is also among an elite group of lawyers recognized by Who’s Who Legal: Product Liability Defense as the best in the United States. Mike is AV®-Preeminent™ Peer Review rated by Martindale-Hubbell®, is a member of the Product Liability Advisory Council and International Association of Defense Counsel and serves on the Steering Committee for the Defense Research Institute’s Product Liability Substantive Law Committee.
Practice Areas
About
Mike has been practicing law for 35 years and has tried numerous cases to verdict in multiple states. Over the last 30 years, Mike has developed strong relationships with a number of manufacturing clients that regularly call on him for representation throughout the United States in all manner of product liability and tort cases, as well as commercial litigation claims and cases. Mike has handled cases – in many instances for the same clients over a period of two decades – in approximately thirty different states. Mike also serves as a trusted advisor to several clients with respect to regulatory compliance, risk assessment and mitigation, and best practices under the Uniform Commercial Code on warranty terms/conditions, disclaimers, and limitations of remedies. His experience also includes national wave discovery coordinating counsel for a multinational manufacturing company in the largest mass tort MDL in history concerning the sale of allegedly defective earplugs to the military.
Originally from East Tennessee, Mike obtained his J.D., magna cum laude, from the University of Tennessee and has practiced with Butler Snow for his entire legal career. He is admitted to both the Tennessee and Mississippi Bar, state and federal courts in both jurisdictions, as well as the United States Courts of Appeals for the Fourth, Fifth and Sixth Circuits.
Experience
- National wave discovery coordinating counsel for a multinational manufacturing company in the largest mass tort MDL in history concerning the sale of allegedly defective earplugs to the military.
- National product liability counsel for manufacturer of commercial kitchen equipment.
- Representation of numerous agri-business companies and equipment manufacturers in product liability, toxic tort and commercial litigation claims in over 25 states in both state and federal courts.
Cases, Trials and Decisions
- Mars v. Maag-Gala, Inc.; No. 6:24-cv-2378-TMC; United States District Court for the District of South Carolina (Defense of personal injury product liability claim involving industrial equipment).
- Super Sweet Farms v. Seedway LLC, Nunhems USA, Inc., et al.; Cause No. 2022-cv-044; Superior Court of Cook County Georgia (Defense of crop damage claims).
- Superior Turf, Inc. v. Seedway LLC, Nunhems USA, Inc., et al. and Veazey Plant Company, Inc.; Cause No. 2022cv0143; Superior Court of Tift County Georgia (Defense of crop damage claims).
- Blue Grass Stock Yards of Albany, LLC v. Terry Phillips, Jr., Tanner Phillips, Phillips Trucking, LLC, Rowdy Livestock, LLC and Bert Smith, IV; Case No.; 2:22cv00001; United States District Court Middle District of Tennessee (Prosecution of claims under the Packers and Stockyards Act, 7 U.S.C. § 181 et seq.).
- SRR Ranches, LLC v. BASF Corporation, Heli Ag, LLC and Wilbur-Ellis Company, LLC; Cause No.: 17-0256; District Court of Houston County, Texas 349th Judicial District (Defense/dismissal of alleged herbicide efficacy claims).
- Double M Farms-2, a partnership v. Pinnacle agriculture Distribution, Inc., et. al; Case No.: 1:14-cv-00082-TBR; United States District Court Western District of Kentucky Bowling Green Division (Defense/dismissal of claim for damage to wheat crop).
- Covington v. Syngenta Corporation, BASF Corporation, Meherrin Agriculture and Chemical Co., et al.; Civil Action No. 9:15cv02629-RMG; United States District Court for the District of South Carolina Beaufort Division (Defense/dismissal of claims related to cotton crop).
- Monsanto Company v. Neblett, et al.; No. 3:21-mc-00634; United States District Court for the Southern District of Mississippi Northern Division (district court judgment/affirmation of arbitration award in favor of Monsanto against multiple cotton growers related to cotton blight claims).
- Helena Agri-Enterprises, LLC f/k/a Helena Chemical Company v. Newbern Fabricating, Inc. and Frank Palumbo d/b/a Doveland Engineering Company; No: 2:18cv02252; United States District Court for the Western District of Tennessee (Prosecution of case for collapse of maritime conveyor bridge).
- Northshore Heights, LLC v. Sequatchie Concrete Service, Inc. and Guzman Subcontractors, Inc. v. BASF Corporation and BASF Construction Chemicals, LLC; Case No. 193841-1; Chancery Court for Knox County, Tennessee (Defense of concrete related construction products case).
- Trepagnier v. Alimak Hek, Inc. and Alimak Hek Rental Group, LLC, 784 Fed. Appx. 195 (5th Cir. 2019) (Summary judgment for industrial hoist manufacturer in connection with personal injury claim alleging a product malfunction).
- Lathan v. Premier Air Services, Inc., et al.; No. 18-1901; 4th Judicial District Court for Ouachita Parish, Louisiana (Defense of personal injury lawsuit involving restaurant equipment).
- Franklin Livestock v. Boehringer Ingelheim Vetmedica, Inc., 251 F. Supp. 3d 962 (E.D.N.C. 2017), aff’d per curiam (4th Cir. 2018) (Co-lead counsel in case involving thousands of missing/dead cattle that plaintiff blamed on a particular cattle vaccine. We obtained summary judgment/dismissal of all claims in connection with plaintiff’s falsification of records and discovery abuse).
- Elliott v. El Paso Corp., et al., 181 So. 3d 263 (Miss. 2015) (Summary judgment for El Paso Corporation and Tennessee Gas Pipeline in fuel gas explosion/personal injury case occurring in Marshall County, Mississippi).
- Haley, et al. v. Merial Ltd., et al., 292 F.R.D. 339 (N.D. Miss. 2013) (Lead counsel in defeating plaintiffs’ claims to certify a nationwide class action regarding an FDA approved veterinary drug product. The court denied plaintiffs class certification efforts following a four-day trial).
- Ortego v. Merial, LLC, Case No. 6:10-cv-00510; United States District Court for the Western District of Louisiana (Trial and defense verdict in 2011 in product liability case involving the efficacy of an animal drug product).
- Blackmon v. City of Canton, et al., Circuit Court of Madison County, Mississippi (Summary judgment for client in fuel gas explosion/personal injury case in Canton, Mississippi).
- Townsend v. Doosan Infracore American Corp., 3 So. 3d 150 (Miss. Ct. App. 2009); (Summary judgment and dismissal of all claims against forklift manufacturer in personal injury case involving alleged defective design)
- Dawson Farms, LLC v. BASF Corp. et al., 2008 WL 5351998; United State District Court for the Western District of Louisiana; (Defense and trial of case involving crop loss blamed on herbicide applications).
- Matthews v. FMC Corporation & Ag Tech, Inc; District Court for the Fifth Judicial District of Idaho in and for Cassia County; Case No. CV-06-1125. (Summary judgment and judgment for costs against farm entity in connection with claim for alleged crop injury purportedly related to herbicide applications made in potato fields).
- FMC Corporation, et al. v. Helton, et al. 202 S.W. 3d 490 (Ark. 2005) (Co-lead counsel at trial and on appeal of commercial case involving illegal application of pesticides in Arkansas).
- Hinton v. Georgia Tank Lines; No: 2:01CV118; United States District Court for the Southern District of Mississippi (Trial/defense verdict in motor vehicle accident case).
- Dahlman Farms, Inc. v. FMC Corporation, 240 F.Supp.2d 1012 (D.Minn. 2002) (Obtained dismissal of plaintiffs’ claims against defendant on basis of federal preemption).
- Toxco, Inc. v. Transchem, LLC, 42 Fed. Appx. 712, 2002 WL 177429 (6th Cir. 2002) (Summary judgment and dismissal of all claims against client alleged to have tortiously interfered with government procurement contracts).
- Nance v. Yamaha Motor Corporation, U.S.A.; Circuit Court of LeFlore County, Mississippi (Trial/defense verdict in product liability case involving ATV accident).
- J. Carlson Growers, Inc. v. Riverview FS, et al., Circuit Court for 17th Judicial Circuit, Winnebago County, Illinois; Cause No.: 99‑L-147; (Summary judgment for herbicide manufacturer involving mis-handling and misuse of products resulting in damage to an adjoining landowner).
- Cornay v. FMC Corporation, 735 So.2d 944 (La.App. 3 Cir. 1999) (Co-counsel in case involving off-target pesticide damage to property).
- Thompson, et al. v. FMC Corporation, et al., 710 So.2d 1270 (Ala.Civ.App. 1997) (Summary judgment in favor of manufacturer sued by firefighters in connection with toxic exposure claims arising from facility fire/explosion).
Distinctions
- BL Rankings, The Best Lawyers in America®
- Lawyer of the Year, Product Liability Litigation - Defendants (Jackson, MS), 2025
- Commercial Litigation, 2015-2025
- Product Liability Litigation – Defendants, 2014-2025
- Who's Who Legal
- Product Liability Defence, 2016-2024
- Martindale-Hubbell®
- AV®– Preeminent™ Peer Review Rated
- Thomson Reuters Super Lawyers®
- Mid-South Super Lawyers, Business Litigation, 2011-2024
- Benchmark Litigation
- Member of the team selected as nationwide Product Liability Firm of the Year, 2018.
Bar Admissions
- Mississippi, 1990
- Tennessee, 2020
- U.S. District Courts
- Mississippi: Northern, Southern
- U.S. Court of Appeals
- 5th Circuit
- 6th Circuit
Education
- University of Tennessee, J.D., with high honors, 1990
- Articles Editor, Tennessee Law Review
- Order of the Coif
- University of Tennessee, B.S., Business Administration, with honors, 1987
- Phi Kappa Phi
Associations
- Product Liability Advisory Council (PLAC)
- International Association of Defense Counsel (IADC)
- Defense Research Institute (DRI)
- Product Liability Steering Committee
- The Harmonie Group
- Product Liability Section
- Liaison
- Product Liability Section
- Mississippi Bar Association
- Mississippi Defense Lawyers Association
- American Bar Association
- Capital Area Bar Association
- Tennessee Bar Association
Papers, Presentations & Publications
- Co-Author, "Leveraging the UCC for Sellers," 2024 Litigation Update: Navigating Emerging Trends and Technology, March 2024.
- Co-Author, "Will It Travel Downstream? Remote Purchasers and Manufacturers’ Disclaimers of Implied Warranties," Product Lines Blog, February 2022.
- Co-Author, "Hey, did you notice that? Pre-suit notice under U.C.C. § 2-607(3)," Product Lines Blog, June 2021.
- Speaker, “Anticipating Potential Litigation Challenges and Concerns of In-House Counsel,” Chem/Pertrochem Product Liability & Regulatory Reform Conference, Houston, TX, January 2017.
- Co-Author, "An Overview of the Legal Standard Regarding Product Liability Design Defect Claims and a Fifty State Survey on the Applicable Law in Each Jurisdiction," IADC Product Liability Committee Newsletter, September 2014 & IADC Defense Counsel Journal, January 2015.
- Co-Author, "An Overview of the Legal Standard Regarding Product Liability Design Defect Claims and a Fifty State Survey on the Applicable Law in Each Jurisdiction," IADC Product Liability Committee Newsletter, September 2014.
- Co-Author, "Taking Effective Depositions, Mechanics of the Deposition, Tactical Considerations," DRI Young Lawyer Seminar, San Diego, CA, June 2007.
- Author and Speaker, "Taking Effective Depositions in Mississippi, Mechanics of the Deposition, Tactical Considerations," Lorman Education Services, July 2004 and 2005.
- Author and Speaker, "Defending the Component Part Manufactured in the Product Liability Contract," Defense Research Institute Products Liability Seminar, San Francisco, CA, December 1999.