Fred E. (Trey) Bourn ...

Fred E. (Trey)

Bourn III

Overview

Trey’s broad practice is focused on helping product manufacturer clients from pre-litigation through trial.  While his litigation experience includes defending pharmaceutical, medical device, and traditional products manufacturers in cases pending in various state and federal venues throughout the country —  including cases defending recreational vehicles, watercraft, automatic doors, automobiles, home appliances, industrial machinery, children’s toys, and natural gas pipelines — he also counsels manufacturers on risk management, including product safety, recalls, and compliance matters involving the U.S. Consumer Product Safety Commission (CPSC).  He also represents energy companies and project developers in governmental and energy litigation, including multi-state condemnation actions.  He also frequently represents life science companies (including both publicly held and privately owned international pharmaceutical and medical device companies) in a wide range of matters related to medical research.

Industry

About

Trey’s experience includes being a key member of a national coordinating counsel team, since 2013, for a medical device manufacturer in state and federal court proceedings in California, New York, Massachusetts, New Hampshire, Vermont, New Jersey, Ohio, Michigan, Illinois, Connecticut, Indiana, Minnesota, Florida, Pennsylvania, Maryland, and Tennessee, with extensive experience in all aspects of fact discovery, including deposing plaintiffs, prescribing physicians, treating physicians, and medical experts; taking and defending expert depositions; drafting and arguing discovery and dispositive motions; preparing and defending company witnesses for depositions and trial testimony; retaining, and developing challenges to expert witnesses; and developing, coordinating, and implementing defense strategy in concurrent federal and state court proceedings.

He frequently speaks and writes on product liability topics. In February 2021, he spoke on product recalls to the Tennessee Association of Corporate Counsel. He co-authored a chapter in Chambers Global Practice Guide’s “Product Liability & Safety USA Trends and Developments” in 2019 and 2020. He received the 2017 Yancey Memorial Award, which is awarded to the best article in IADC’s Defense Counsel Journal.

Trey has been recognized for his expertise by a number of publications, including Best Lawyers in America® and Mid-South Super Lawyers®. He is also AV®– Preeminent™ Peer Review Rated by Martindale-Hubbell® and was named as one of its 2013 Top Rated Lawyers in Insurance Law. The Mississippi Business Journal named Trey one of its 2008 Top 40 Under 40 and he received the J.B. Carr Community Service Award. He is a graduate of Leadership Jackson.

He is active in the Defense Research Institute (DRI), currently serving as Vice-Chair of the Products Liability Committee (2022-2024), as well as having served as the 2019 Chair of the DRI Product Liability Conference, a member of the Product Liability Steering Committee (2010-2022) and Chair of the Recreational Products Litigation Group (2012-2014). He is also active in the International Association of Defense Counsel (IADC) and served on the Board of Editors, Product Liability Committee and Corporate Counsel Committee, where he was Vice Chair of Publications (2016-2017).  He is also active in the International Consumer Product Health and Safety Organization (ICPHSO), as well as the American Bar Association, Mississippi Bar Association (former member of the Board of Directors of the Young Lawyers Division), Capital Area Bar Association (former member of the Board of Directors), and Jackson Young Lawyers (former President and member of the Board of Directors).

Trey obtained his J.D. from the University of Mississippi. He received his M.A. in English from Mississippi State University and his B.A. in Journalism and English from Baylor University. He is admitted to practice in Mississippi and Tennessee.

Experience

  • Trey's experience includes being a key member of a national coordinating counsel team, since 2013, for a medical device manufacturer in state and federal court proceedings in California, New York, Massachusetts, New Hampshire, Vermont, New Jersey, Ohio, Michigan, Illinois, Connecticut, Indiana, Minnesota, Florida, Pennsylvania, Maryland, and Tennessee, with extensive experience in:
    • All aspects of fact discovery, including deposing plaintiffs, prescribing physicians, treating physicians, and medical experts.
    • Taking and defending expert depositions.
    • Drafting and arguing discovery and dispositive motions.
    • Preparing and defending company witnesses for depositions and trial testimony.
    • Retaining, and developing challenges to, expert witnesses
    • Developing, coordinating, and implementing defense strategy in concurrent federal and state court proceedings.
  • Represents clients in areas of recreational vehicles, watercraft, automatic doors, automobiles, firearms, home appliances, industrial machinery, children’s toys and natural gas pipelines.
  • Trey also routinely counsels manufacturers on risk management, including product safety, recalls, and compliance matters involving the U.S. Consumer Product Safety Commission (CPSC).  He also represents energy companies and project developers in governmental and energy litigation, including multi-state condemnation actions.  He also frequently represents life science companies (including both publicly held and privately owned international pharmaceutical and medical device companies) in a wide range of matters related to medical research.

Significant Trials

  • Miss. Farm Bureau Cas. Ins. Co. v. CNH America, et al.:  Subrogation action (products liability and warranty) involving industrial cotton picker. Tried in United States District Court of Southern Mississippi.  (Trial Counsel) (2011).
  • Gulf South Pipeline Company LP v. Blanche Mari Downy Pitre, Eminent Domain action. Tried in the County Court of Warren County, Mississippi, Special Court of Eminent Domain (Trial Counsel) (2007).
  • Lloyd Richard Lovitt, et al. v. The Stanley Works, et al.: Product liability and premises liability action involving automatic door. Tried in U.S. District Court of Northern Mississippi.  (Trial Counsel) (2006).
  • Jimmy D. Houser v. Empire Truck Sales: Commercial and product liability action involving industrial machinery. Tried in the County Court of Rankin County, Mississippi.  (Trial Counsel) (2003).
  • Lionel M. Arnold v. Doug Sproat: Unlawful force action against prison warden. Tried in the U.S. District Court for the Southern District of Mississippi.  (Trial Counsel) (2002).
  • Waren v. Nationwide Ins. Co.: Personal injury action involving car accident. Tried in the U.S. District Court for the Southern District of Mississippi.  (Trial Counsel) (2002).
  • Blackwell Chevrolet v. LaDonna Harvey: Commercial action against purchaser of vehicle. Tried in the County Court of Hinds County.  (Trial Counsel) (2001).

Significant Published Opinions

  • Gulf Guar. Life Ins. Co. v. Conn. Gen. Life Ins. Co., 304 F.3d 476 (5th Cir. 2002).
  • Stellar Group v. Pilgrim’s Pride Corp., 2007 WL 955293 (S.D. Miss. March 28, 2007).
  • Hutchenson v. Am. Home Prod. Corp., 2006 WL 1717176 (N.D. Miss. June 20, 2006).
  • Alexander v. Am. Home Prod. Corp., 2006 WL 1716908 (N.D. Miss. June 19, 2006).
  • Baggett v. Yamaha Motor Corp., U.S.A., 2006 WL 1520539, Prod. Liab. Rep. (CCH) P 17, 485 (S.D. Miss. May 31, 2006).
  • Gulf South Pipeline Co. v. Pitre, 35 So. 3d 494 (Miss. 2010).

Distinctions

  • Best Lawyers in America®
    • Commercial Litigation, 2017-2023
    • Product Liability – Defendants, 2022-2023
  • Martindale-Hubbell®
    • AV®– Preeminent™ Peer Review Rated
  • Super Lawyers®
    • Mid-South Super Lawyers, Personal Injury – Products: Defense, 2013-2022
    • Mid-South Rising Star, Personal Injury – Products: Defense, 2009-2010
  • Benchmark Litigation
    • Member of the team selected as nationwide Product Liability Firm of the Year, 2018
  • 2017 Yancey Memorial Award, awarded to the best article in IADC’s Defense Counsel Journal
  • Martindale-Hubbell®, 2013 Top Rated Lawyer in Insurance Law
  • Mississippi Business Journal, Top 40 Under 40, 2008
  • Leadership Jackson, Graduate, 2003-2004
  • J.B. Carr Community Service Award

Bar Admissions

  • Mississippi, 2000
  • Tennessee, 2013
  • U.S. District Courts
    • Tennessee: Middle, Western
    • New York: Northern
    • Mississippi: Northern, Southern
  • U.S. Court of Appeals
    • 5th Circuit
    • 6th Circuit

Education

  • University of Mississippi, J.D., 2000
    • Editor-in-Chief, Mississippi Law Journal
  • Mississippi State University, M.A., English, 1997
    • Associate Editor, The Mississippi Quarterly
  • Baylor University, B.A., Journalism and English, 1993

Associations

  • Defense Research Institute (DRI)
    • Product Liability Committee
      • Vice Chair, 2022-2024
    • Product Liability Conference
      • Chair, 2019 (Austin, TX)
    • Product Liability Steering Committee
    • Recreational Products Litigation Group
      • Chair, 2012-2014
  • International Association of Defense Counsel (IADC)
    • Board of Editors
    • Product Liability Committee
    • Corporate Counsel Committee
      • Vice Chair, Publications, 2016-2017
  • American Bar Association
  • Mississippi Bar Association
    • Young Lawyers Division
      • Board of Directors, 2007-2009
  • Capital Area Bar Association
    • Board of Directors, 2006-2007
  • Jackson Young Lawyers
    • President, 2006-2007
    • Board of Directors, 2003
      -2005

Papers, Presentations & Publications

  • Co-Author, "Atty-Client Privilege Arguments Give Justices A Moving Target," Law360, January 18, 2023.
  • Speaker, “Product Recalls: Hope for the Best, Plan for the Worst,” Tennessee Association of Corporate Counsel, Nashville, Tennessee, February 25, 2021.
  • Co-Author, “Product Liability & Safety USA Trends and Developments,” 2020 Chambers Global Practice Guide, July 2020.  
  • Co-Author, “Product Liability & Safety USA Trends and Developments,” 2019 Chambers Global Practice Guide, July 2019.  
  • Co-Author, “The Use of Computer-Generated Animations and Simulations at Trial,” 83 Def. Couns. J. 439 (2016) (winner of the 2017 Yancey Memorial Award).
  • Co-Author, Voir Dire section in IADC’s Defense Counsel Training Manual, Third Edition.
  • Speaker, “Why So Animated?  Pros and Cons of Using Animation and Videos in Product Liability Cases,” 2016 IADC Annual Meeting, Product Liability Committee, Bermuda.
  • Speaker, “Emerging Issues and Current Laws,” 2013 National Business Institute Seminar, Bad Faith Insurance Claims in Mississippi, Jackson, Mississippi.
  • Speaker, “Identifying the Type of Tort, Related Cause of Action, and Damages,” 2013 National Business Institute Seminar, Bad Faith Insurance Claims in Mississippi, Jackson, Mississippi.
  • Author, “Why Expansion of Commerce and Trade Does Not Expand the Reach of the Courts: In Personam Jurisdiction and Stream-of-Commerce Theory,” For The Defense, November 2011.
  • Speaker, “Product Liability Law Update: Lawson, McIntyre, and Goodyear,” 2011 Bulldog Lawyer CLE, Mississippi State University.
  • Speaker, “Electronic Evidence: The New Spoliation Frontier?” 2011 Harmonie Group Product Liability Seminar, Chicago, IL.
  • Speaker, “Making Life Easier for the Recreational Products Client in the ‘New Economy,’” 2010 DRI Products Liability Seminar, Recreational Products Specialized Litigation Group, Las Vegas, Nevada.
  • Speaker, “Effective Use of Experts in Product Liability Cases,” 2009 Southeast Products Liability Forum, Nashville, Tennessee.
  • Speaker, “Defend Uninsured/Underinsured Motorist Cases – and Win,” 2008 National Business Institute Seminar, Settling Uninsured and Underinsured Motorist Claims, Jackson, Mississippi.
  • Speaker, “Hold on to Your Hats: The Year in Review,” 2008 DRI Products Liability Seminar, Recreational Products Specialized Litigation Group, Phoenix, Arizona.
  • Author, “After the Recall:  What Do We Do Now?” DRI’s In-House Defense Quarterly, Fall 2007.
  • Co-Author, “A Primer on the Use of Epidemiological Studies in Product Liability Litigation,” The International Comparative Legal Guide to: Product Liability 62 (2007).
  • Author, “The Reporter’s Privilege in Mississippi,” The Reporter’s Privilege Compendium (2002 & 2007).

Fred E. (Trey)

Bourn III

Overview

Trey’s broad practice is focused on helping product manufacturer clients from pre-litigation through trial.  While his litigation experience includes defending pharmaceutical, medical device, and traditional products manufacturers in cases pending in various state and federal venues throughout the country —  including cases defending recreational vehicles, watercraft, automatic doors, automobiles, home appliances, industrial machinery, children’s toys, and natural gas pipelines — he also counsels manufacturers on risk management, including product safety, recalls, and compliance matters involving the U.S. Consumer Product Safety Commission (CPSC).  He also represents energy companies and project developers in governmental and energy litigation, including multi-state condemnation actions.  He also frequently represents life science companies (including both publicly held and privately owned international pharmaceutical and medical device companies) in a wide range of matters related to medical research.

Industry

About

Trey’s experience includes being a key member of a national coordinating counsel team, since 2013, for a medical device manufacturer in state and federal court proceedings in California, New York, Massachusetts, New Hampshire, Vermont, New Jersey, Ohio, Michigan, Illinois, Connecticut, Indiana, Minnesota, Florida, Pennsylvania, Maryland, and Tennessee, with extensive experience in all aspects of fact discovery, including deposing plaintiffs, prescribing physicians, treating physicians, and medical experts; taking and defending expert depositions; drafting and arguing discovery and dispositive motions; preparing and defending company witnesses for depositions and trial testimony; retaining, and developing challenges to expert witnesses; and developing, coordinating, and implementing defense strategy in concurrent federal and state court proceedings.

He frequently speaks and writes on product liability topics. In February 2021, he spoke on product recalls to the Tennessee Association of Corporate Counsel. He co-authored a chapter in Chambers Global Practice Guide’s “Product Liability & Safety USA Trends and Developments” in 2019 and 2020. He received the 2017 Yancey Memorial Award, which is awarded to the best article in IADC’s Defense Counsel Journal.

Trey has been recognized for his expertise by a number of publications, including Best Lawyers in America® and Mid-South Super Lawyers®. He is also AV®– Preeminent™ Peer Review Rated by Martindale-Hubbell® and was named as one of its 2013 Top Rated Lawyers in Insurance Law. The Mississippi Business Journal named Trey one of its 2008 Top 40 Under 40 and he received the J.B. Carr Community Service Award. He is a graduate of Leadership Jackson.

He is active in the Defense Research Institute (DRI), currently serving as Vice-Chair of the Products Liability Committee (2022-2024), as well as having served as the 2019 Chair of the DRI Product Liability Conference, a member of the Product Liability Steering Committee (2010-2022) and Chair of the Recreational Products Litigation Group (2012-2014). He is also active in the International Association of Defense Counsel (IADC) and served on the Board of Editors, Product Liability Committee and Corporate Counsel Committee, where he was Vice Chair of Publications (2016-2017).  He is also active in the International Consumer Product Health and Safety Organization (ICPHSO), as well as the American Bar Association, Mississippi Bar Association (former member of the Board of Directors of the Young Lawyers Division), Capital Area Bar Association (former member of the Board of Directors), and Jackson Young Lawyers (former President and member of the Board of Directors).

Trey obtained his J.D. from the University of Mississippi. He received his M.A. in English from Mississippi State University and his B.A. in Journalism and English from Baylor University. He is admitted to practice in Mississippi and Tennessee.

Experience

  • Trey's experience includes being a key member of a national coordinating counsel team, since 2013, for a medical device manufacturer in state and federal court proceedings in California, New York, Massachusetts, New Hampshire, Vermont, New Jersey, Ohio, Michigan, Illinois, Connecticut, Indiana, Minnesota, Florida, Pennsylvania, Maryland, and Tennessee, with extensive experience in:
    • All aspects of fact discovery, including deposing plaintiffs, prescribing physicians, treating physicians, and medical experts.
    • Taking and defending expert depositions.
    • Drafting and arguing discovery and dispositive motions.
    • Preparing and defending company witnesses for depositions and trial testimony.
    • Retaining, and developing challenges to, expert witnesses
    • Developing, coordinating, and implementing defense strategy in concurrent federal and state court proceedings.
  • Represents clients in areas of recreational vehicles, watercraft, automatic doors, automobiles, firearms, home appliances, industrial machinery, children’s toys and natural gas pipelines.
  • Trey also routinely counsels manufacturers on risk management, including product safety, recalls, and compliance matters involving the U.S. Consumer Product Safety Commission (CPSC).  He also represents energy companies and project developers in governmental and energy litigation, including multi-state condemnation actions.  He also frequently represents life science companies (including both publicly held and privately owned international pharmaceutical and medical device companies) in a wide range of matters related to medical research.

Significant Trials

  • Miss. Farm Bureau Cas. Ins. Co. v. CNH America, et al.:  Subrogation action (products liability and warranty) involving industrial cotton picker. Tried in United States District Court of Southern Mississippi.  (Trial Counsel) (2011).
  • Gulf South Pipeline Company LP v. Blanche Mari Downy Pitre, Eminent Domain action. Tried in the County Court of Warren County, Mississippi, Special Court of Eminent Domain (Trial Counsel) (2007).
  • Lloyd Richard Lovitt, et al. v. The Stanley Works, et al.: Product liability and premises liability action involving automatic door. Tried in U.S. District Court of Northern Mississippi.  (Trial Counsel) (2006).
  • Jimmy D. Houser v. Empire Truck Sales: Commercial and product liability action involving industrial machinery. Tried in the County Court of Rankin County, Mississippi.  (Trial Counsel) (2003).
  • Lionel M. Arnold v. Doug Sproat: Unlawful force action against prison warden. Tried in the U.S. District Court for the Southern District of Mississippi.  (Trial Counsel) (2002).
  • Waren v. Nationwide Ins. Co.: Personal injury action involving car accident. Tried in the U.S. District Court for the Southern District of Mississippi.  (Trial Counsel) (2002).
  • Blackwell Chevrolet v. LaDonna Harvey: Commercial action against purchaser of vehicle. Tried in the County Court of Hinds County.  (Trial Counsel) (2001).

Significant Published Opinions

  • Gulf Guar. Life Ins. Co. v. Conn. Gen. Life Ins. Co., 304 F.3d 476 (5th Cir. 2002).
  • Stellar Group v. Pilgrim’s Pride Corp., 2007 WL 955293 (S.D. Miss. March 28, 2007).
  • Hutchenson v. Am. Home Prod. Corp., 2006 WL 1717176 (N.D. Miss. June 20, 2006).
  • Alexander v. Am. Home Prod. Corp., 2006 WL 1716908 (N.D. Miss. June 19, 2006).
  • Baggett v. Yamaha Motor Corp., U.S.A., 2006 WL 1520539, Prod. Liab. Rep. (CCH) P 17, 485 (S.D. Miss. May 31, 2006).
  • Gulf South Pipeline Co. v. Pitre, 35 So. 3d 494 (Miss. 2010).

Distinctions

  • Best Lawyers in America®
    • Commercial Litigation, 2017-2023
    • Product Liability – Defendants, 2022-2023
  • Martindale-Hubbell®
    • AV®– Preeminent™ Peer Review Rated
  • Super Lawyers®
    • Mid-South Super Lawyers, Personal Injury – Products: Defense, 2013-2022
    • Mid-South Rising Star, Personal Injury – Products: Defense, 2009-2010
  • Benchmark Litigation
    • Member of the team selected as nationwide Product Liability Firm of the Year, 2018
  • 2017 Yancey Memorial Award, awarded to the best article in IADC’s Defense Counsel Journal
  • Martindale-Hubbell®, 2013 Top Rated Lawyer in Insurance Law
  • Mississippi Business Journal, Top 40 Under 40, 2008
  • Leadership Jackson, Graduate, 2003-2004
  • J.B. Carr Community Service Award

Bar Admissions

  • Mississippi, 2000
  • Tennessee, 2013
  • U.S. District Courts
    • Tennessee: Middle, Western
    • New York: Northern
    • Mississippi: Northern, Southern
  • U.S. Court of Appeals
    • 5th Circuit
    • 6th Circuit

Education

  • University of Mississippi, J.D., 2000
    • Editor-in-Chief, Mississippi Law Journal
  • Mississippi State University, M.A., English, 1997
    • Associate Editor, The Mississippi Quarterly
  • Baylor University, B.A., Journalism and English, 1993

Associations

  • Defense Research Institute (DRI)
    • Product Liability Committee
      • Vice Chair, 2022-2024
    • Product Liability Conference
      • Chair, 2019 (Austin, TX)
    • Product Liability Steering Committee
    • Recreational Products Litigation Group
      • Chair, 2012-2014
  • International Association of Defense Counsel (IADC)
    • Board of Editors
    • Product Liability Committee
    • Corporate Counsel Committee
      • Vice Chair, Publications, 2016-2017
  • American Bar Association
  • Mississippi Bar Association
    • Young Lawyers Division
      • Board of Directors, 2007-2009
  • Capital Area Bar Association
    • Board of Directors, 2006-2007
  • Jackson Young Lawyers
    • President, 2006-2007
    • Board of Directors, 2003
      -2005

Papers, Presentations & Publications

  • Co-Author, "Atty-Client Privilege Arguments Give Justices A Moving Target," Law360, January 18, 2023.
  • Speaker, “Product Recalls: Hope for the Best, Plan for the Worst,” Tennessee Association of Corporate Counsel, Nashville, Tennessee, February 25, 2021.
  • Co-Author, “Product Liability & Safety USA Trends and Developments,” 2020 Chambers Global Practice Guide, July 2020.  
  • Co-Author, “Product Liability & Safety USA Trends and Developments,” 2019 Chambers Global Practice Guide, July 2019.  
  • Co-Author, “The Use of Computer-Generated Animations and Simulations at Trial,” 83 Def. Couns. J. 439 (2016) (winner of the 2017 Yancey Memorial Award).
  • Co-Author, Voir Dire section in IADC’s Defense Counsel Training Manual, Third Edition.
  • Speaker, “Why So Animated?  Pros and Cons of Using Animation and Videos in Product Liability Cases,” 2016 IADC Annual Meeting, Product Liability Committee, Bermuda.
  • Speaker, “Emerging Issues and Current Laws,” 2013 National Business Institute Seminar, Bad Faith Insurance Claims in Mississippi, Jackson, Mississippi.
  • Speaker, “Identifying the Type of Tort, Related Cause of Action, and Damages,” 2013 National Business Institute Seminar, Bad Faith Insurance Claims in Mississippi, Jackson, Mississippi.
  • Author, “Why Expansion of Commerce and Trade Does Not Expand the Reach of the Courts: In Personam Jurisdiction and Stream-of-Commerce Theory,” For The Defense, November 2011.
  • Speaker, “Product Liability Law Update: Lawson, McIntyre, and Goodyear,” 2011 Bulldog Lawyer CLE, Mississippi State University.
  • Speaker, “Electronic Evidence: The New Spoliation Frontier?” 2011 Harmonie Group Product Liability Seminar, Chicago, IL.
  • Speaker, “Making Life Easier for the Recreational Products Client in the ‘New Economy,’” 2010 DRI Products Liability Seminar, Recreational Products Specialized Litigation Group, Las Vegas, Nevada.
  • Speaker, “Effective Use of Experts in Product Liability Cases,” 2009 Southeast Products Liability Forum, Nashville, Tennessee.
  • Speaker, “Defend Uninsured/Underinsured Motorist Cases – and Win,” 2008 National Business Institute Seminar, Settling Uninsured and Underinsured Motorist Claims, Jackson, Mississippi.
  • Speaker, “Hold on to Your Hats: The Year in Review,” 2008 DRI Products Liability Seminar, Recreational Products Specialized Litigation Group, Phoenix, Arizona.
  • Author, “After the Recall:  What Do We Do Now?” DRI’s In-House Defense Quarterly, Fall 2007.
  • Co-Author, “A Primer on the Use of Epidemiological Studies in Product Liability Litigation,” The International Comparative Legal Guide to: Product Liability 62 (2007).
  • Author, “The Reporter’s Privilege in Mississippi,” The Reporter’s Privilege Compendium (2002 & 2007).