Appellate

At every level of the Federal and State appellate systems, Brunini’s lawyers have successfully represented their clients in complex appeals.  We have represented a broad array of clients in cases on appeal following the firm’s representation of those clients at the trial level, and we also have been retained to serve as appellate counsel in cases that were handled at trial by other attorneys. From product liability, intellectual property and commercial disputes to mass tort, personal injury and constitutional issues, our appellate lawyers have an exceptional depth and breadth of experience upon which to draw in guiding our clients through the appellate process.  Additionally, as a result of our broad appellate practice and successful track record, the firm is regularly engaged by industry trade associations to draft amicus curiae briefs in significant cases, including complex product liability and mass/toxic tort cases.  

Brunini counts among its lawyers former law clerks to Justices and Judges of the Mississippi Supreme Court and Mississippi Court of Appeals, as well as the United States Court of Appeals for the Fifth Circuit.  As a result of these experiences, our appellate lawyers have a unique understanding of both the inner-workings of the State and Federal appellate systems, as well as the process by which appellate judges decide cases.

Brunini’s appellate lawyers can provide guidance regarding each of the following:

• How to preserve the trial record for appeal 
• Whether to pursue immediate appellate review of interlocutory orders via interlocutory appeal or writ of mandamus  
• Drafting petitions for interlocutory appeal, writs of mandamus and petitions for certiorari  
• State or Federal appellate jurisdiction and procedures   
• Drafting appellate briefs and conducting oral arguments   
• Identifying amicus curiae opportunities and drafting amicus briefs

Representative Matters

• On May 16, 2011, a three-Judge Federal Panel ruled that the Secretary of State's position -- "that it is premature for this Court to impose any remedy because neither the Mississippi Constitution nor the United States Constitution require the Legislature to reapportion itself until next year" is correct. [Opinion and Order]. The Panel found that "[w]e agree with the Secretary of State's position that imposition of a remedy is premature and allow the 2011 legislative election to proceed under the present districts."  The Panel noted that the Legislature is to reapportion itself every 10 years and since the last redistricting was in 2002, the 10 years has not passed and, thus, it is not proper at this time for the federal courts to "order around [the] state legislature". The NAACP appealed the decision to the United States Supreme Court.  Trey Jones, Joseph Sclafani and Matt Allen worked on the appeal on behalf of Secretary of State Hosemann.  On October 31, 2011, the Court affirmed the decision of the three-Judge panel.

• Represented client before Fifth Circuit Court of Appeals and obtained reversal on tax issue. Court found that client was entitled to refund of the federal gift taxes and penalties paid to the IRS. Tatum v. United States of America, No. 10-60852 (August 8, 2011).

• The Firm represented Koppers, Inc. and Beazer East, Inc. in a personal injury action arising out of alleged exposure to harmful levels of toxic chemicals. The Mississippi Supreme court affirmed their dismissal based on failure of the plaintiff's expert to provide causal link between injuries and alleged contamination. Collins v. Koppers, Inc. et al, No. 2009-CA-01678-SCT (April 21, 2011).

• On May 25, 2011, the Fifth Circuit Court of Appeals affirmed the United States District Court of Southern Mississippi’s dismissal of Georgia Gulf Chemicals & Vinyls, LLC. The employee sued Georgia Gulf Chemicals & Vinyls, LLC for wrongful termination asserting he had been fired after he reported that another employee had assaulted him. The District Court, Judge Lee, held that since there was no evidence that the employer authorized or ratified the assault or that it occurred in the scope of employment then the termination was not wrongful as no exception to Mississippi’s employment-at-will doctrine had been demonstrated. The Fifth Circuit found Judge Lee’s reasoning to be accurate and, thus, affirmed in summary fashion. Hall v. Georgia Gulf Chemicals & Vinyls, LLC, No 11-60022 (5th Cir. 2011) and 3:10cv512 (USDC MS 2010).

• After a four day jury trial, Business Communications, Inc., represented by Brunini won a unanimous jury verdict enforcing a covenant not to compete against a former employee who violated the terms of his employment agreement by going to work for a direct competitor. The Circuit Court Judge overturned the jury verdict upon motion by the plaintiff. The Mississippi Court of Appeals reversed the trial court’s action and remanded the case to the trial court to rule on BCI’s attorneys' fees motion.  Business Communications, Inc. v. Banks, 2011 WL 590913 (Miss.Ct.App. 2011).

• Successful in obtaining a favorable ruling from the Mississippi Supreme Court which overruled a lower decision from the Mississippi Workers Compensation Commission.  The MWCC previously found Brunini's client liable under the Mississippi Workers Compensation Act for a former employee's loss of wage earning capacity, based on her failure to return to pre-injury job as a result of her Union contract. Brunini appealed this decision, arguing that the MWCC should not consider such factors when evaluating loss of wage earning capacity. Omnova Solutions, Inc. v. Theresa Lipa; 44 So.3d 935 (Miss. 2010).

• Obtained reversal of jury verdict in favor of the plaintiff for $785,000 in complex environmental case. On appeal before the United States Court of Appeals for the Fifth Circuit, the Court held that negligence and conspiracy claims had accrued at the time the plaintiff was diagnosed with cancer and; thus, statute of limitation had run. Barnes ex rel. Estate of Barnes v. Koppers, Inc. 534 F.3d 357 (5th Cir. 2008).

• United States Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of our client, a publicly-traded financial services client. A putative class action was filed against Trustmark implicating claims under ERISA. The District Court and the Fifth Circuit, in its affirmance, found that the former employees did not have substantive rights to participate in the bank's profit sharing plans.  Harris v. Trustmark Nat’l Bank, 2008 WL 2482348 (5th Cir. 2008).  

• Successfully pursued interlocutory appeal to the Mississippi Supreme Court of a Chancellor’s denial of our client’s Motion to Transfer the litigation from Chancery to Circuit Court.  See ERA v. Mathis, 931 So.2d 1278 (Miss. 2006).  

• Received an affirmance from the Mississippi Supreme Court of the Circuit Court’s Order granting summary judgment to our clients in a pharmaceutical product liability action.  See Price v. Purdue, 920 So.2d 479 (Miss. 2006).
  
  
• Successfully pursued interlocutory appeal to the Mississippi Supreme Court of the Circuit Court’s denial of our clients’ Motion to Sever and Transfer Venue.  See Purdue v. Heffner, 904 So.2d 100 (Miss. 2004).   

• Received an affirmance from the Mississippi Court of Appeals of an Order dismissing plaintiffs’ defamation and emotional distress claims based on the statutory immunity provided to school administrators who report to the State, in good faith, suspected child abuse.  See Howe v. Andereck, 882 So.2d 240 (Miss. Ct. App. 2004). 

• Received an affirmance from the Mississippi Supreme Court of a Chancellor’s Judgment finding a prescriptive easement and awarding attorneys’ fees to our clients.  See Graves v. Dudley Maples, L.P., 950 So.2d 1017 (Miss. 2007).  

News & Events

• Brunini Recognized by Benchmark Litigation Annual Awards -South
• Jury Verdict Reversed and Rendered in Favor of Trustmark National Bank
• COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT
• Fontan and Singley Win for Employer in the Fifth Circuit Court of Appeals
• Kaufman and McDowell Win Mississippi Supreme Court Appeal