Adams v. Energizer Holdings, Inc., et al., WL 1791373 (S.D. Miss. April 19, 2013)
Obtained 12(b)(6) dismissal for Energizer Holdings, Inc., Energizer Battery Manufacturing, Inc., and Energizer Battery, Inc. in products liability action seeking compensatory and punitive damages for alleged injuries sustained by individual after handling allegedly defective batteries.
Conwill v. Marsh & McLennan Co., Inc., 2010 WL 2400423 (S.D. Miss. June 11, 2010)
Obtained summary judgment for Marsh USA, Inc. and Marsh & McLennan Companies, Inc. against a $5.2 million claim arising from Hurricane Katrina.
Delta & Pine Land Co. v. Nationwide Ins., 520 F.3d 395 (5th Cir. 2008)
Reversal by Fifth Circuit in third-party coverage dispute arising under CGL policy for seed manufacturer.
Great American Insurance Company of New York v. Lowry Development, LLC, 2007 WL 4268776 (S.D. Miss. 2007)
Key spoliation ruling in coverage dispute arising out of Hurricane Katrina.
Great American Insurance Company of New York v. Lowry Development, LLC, 576 F.3d 251 (5th Cir. 2009)
Successfully represented Great American Insurance Company in its appeal to the Fifth Circuit Court of Appeals from an adverse jury verdict in an insurance coverage dispute. The Fifth Circuit reversed the district court’s denial of summary judgment, finding no wind coverage for the destruction of a condominium complex in Hurricane Katrina.
National Casualty Co. v. Franklin County, Miss., 2010 WL 1780197 (S.D. Miss. April 29, 2010)
Obtained 12(b)(6) dismissal for Franklin County and the Franklin County Board of Supervisors of insurance company’s action seeking declaratory judgment that it had no duty to defend or indemnify Franklin County against a lawsuit under a law enforcement liability policy. The underlying lawsuit alleged violations of 28 U.S.C. §§ 1981, 1983, and 1985(3) and arose out of alleged actions and omissions of the Franklin County Sheriff’s Department in the 1960s.
Nichols v. Cooper Tire & Rubber Co., 2007 WL 2475934 (N.D. Miss. 2007)
Improper joinder removal opinion in products liability action.