Cody C. Bailey
Member
Cody C. Bailey
Member
Biography
Cody C. Bailey joined Brunini in 2011, following a one-year clerkship for the Hon. Rhesa H. Barksdale on the United States Court of Appeals for the Fifth Circuit.
Cody received his Juris Doctor from the University of Mississippi in 2010, graduating summa cum laude. While in law school, Cody was on the Executive Editorial Board of the Mississippi Law Journal and served as Mississippi Cases Editor. He received the Mississippi Law Journal Award. He also distinguished himself on the Moot Court Board, earning a membership in The Order of the Barristers and being named best oral advocate in several moot court competitions.
In 2006, Cody graduated summa cum laude from the Bagley College of Engineering at Mississippi State University with a Bachelor of Science degree in Mechanical Engineering. Cody practiced mechanical design engineering with Chevron at their Pascagoula, Mississippi refinery for one year before attending law school.
Cody’s practice focuses primarily on general commercial and business litigation and on the construction industry. Cody regularly litigates complex commercial and business disputes. Cody represents clients in general commercial disputes, business litigation, shareholder disputes, financial and banking litigation, securities litigation, property disputes, constitutional litigation, wrongful death cases, telecommunications litigation, and regulatory litigation.
Cody is also one of Mississippi’s true construction lawyers, handling a wide range of construction matters including construction-defect and design-defect cases, contract preparation and negotiation, bid protests, payment disputes, lien and collection matters, general construction litigation, and alternative dispute resolution, including mediation and arbitration. Cody represents owners, general contractors, subcontractors, and material suppliers. Cody also regularly serves as outside general counsel to a number of businesses in the construction industry.
Education
- J.D., University of Mississippi, 2010 summa cum laude
- B.S. Mechanical Engineering, Mississippi State University, 2006 summa cum laude
Admissions
- Mississippi (2010)
- United States District Courts of Mississippi (2010)
- United States Court of Appeals for the Fifth Circuit (2010)
- United States Court of Appeals for the Eighth Circuit (2012)
- United States District Court for Western District of Tennessee (2012)
Community & Professional Activities
- Mississippi Associated Builders and Contractors, General Counsel, past-Chair of the Young Professionals Committee and member of the Board of Directors
- Phoenix Club of Jackson, past member of the Board of Directors
- Mississippi State Bar
- Jackson Young Lawyers
- Capital Area Bar Association
- Federal Bar Association
- American Bar Association, Torts and Insurance Practices Section, Forum Committee on the Construction Industry
- Defense Research Institute
- Member of First Baptist Church of Jackson
- Soccer Coach at Jackson Futbol Club
Representative Matters
- Successfully defended contractor’s claims in arbitration against owner for breach of contract related to construction of a multi-million dollar poultry processing facility (2018);
- Compelled arbitration of minority shareholder’s claims for breach of fiduciary duties, breach of contract, oppression and squeeze out, misappropriation of corporate funds, unjust enrichment, restitution and disgorgement, and fraud, and successfully litigated those claims in arbitration, where tens of millions of dollars in corporate assets, corporate funds, and compensatory and punitive damages were at stake (2017);
- Successfully litigated claims for payment arising from the design and construction of a multi-million dollar industrial processing facility funded with state tax credits (2016);
- Obtained approval for client’s construction of cellular tower in Alabama municipality (Cellular South Real Estate, Inc. v. City of Mobile, 2016 WL 3746661 (S.D. Ala. 2016));
- Obtained summary judgment in contract dispute related to design and construction of improvements to Jackson-Medgar Wiley Evers International Airport (Rifenburg Constr., Inc. v. Hatch Mott McDonald, LLC, 2015 WL 2381136 (S.D. Miss. 2015));
- Obtained relief for client pursuant to the Telecommunications Act of 1996, related to client’s construction of cellular tower in Tennessee municipality (Cellular South Real Estate Inc., v. City of Germantown, 2015 WL 3852781 (W.D. Tenn. 2015));
- Successfully remanded construction defect action from federal court to state court, obtaining an award of costs, expenses, and attorneys’ fees for the client (Joe McGee Constr. Co. v. White-Spunner Constr., Inc., 2014 WL 12707141 (S.D. Miss. 2014));
- Successfully appealed Department of Education’s decision regarding claims of employee retaliation, where the Department denied employer client of its due-process rights (Business Commc’ns, Inc. v. United States Dept. of Educ., 739 F.3d 374 (8th Cir. 2013));
- Obtained summary judgment in contract dispute related to electrical materials supplied by client for project (Stuart C. Irby Co. v. Bayview Elec. Co., 2013 WL 1984356 (N.D. Miss. 2013));
- Currently serves as counsel for one of Mississippi’s institutions of higher learning, representing the university in claims arising from construction of major athletic facilities on campus;
- Currently serves as counsel for a national bank, defending the bank in a class-action lawsuit;
- Currently serves as outside general counsel for multiple owners, contractors, and subcontractors in the construction industry and in general commercial matters.
Speeches & Publications
- Writer and Presenter for 2017 ABA Fidelity and Surety Law Midwinter Meeting (Construction – from the Federal Acquisition Regulations to False Claims: A Guide to Federal Contracting for Construction and Surety Practitioners – Common Issues Arising from Competitive Bid Statutes)
- Cody Bailey and David Kaufman, Practical Law State Q&A – Responding to a Complaint: Mississippi (2015 and 2016)
- Presenter to Mississippi Bar Real Property Section – Nuts and Bolts of Mississippi’s Construction Lien Law (2016)
- Presenter to Mississippi State University “Bulldog CLE” on recent developments in Mississippi’s lien laws (2016)
- Presented to Mississippi Associated Builders and Contractors on general construction contract issues and Mississippi’s lien laws (2014, 2015, 2016)
- Presenter to Mississippi ASHRAE on Mississippi’s lien laws (2015)
- Writer and Presenter for National Business Institute Seminar, Construction Disputes: Effective (and Practical) Legal Negotiation Strategies, Resolving Differing Site Conditions Disputes and Negotiating Out-of-Scope Work Disputes (July 2014)
- Presenter for Mississippi Associated Builders and Contractors: The Importance of Contracts in the Construction Industry (2013)
- Cody Bailey, All Wound Up: Unraveling the Application of FRCP 12(b)(1) Versus FRCP 56 Under the Federal Tort Claims Act, 79 Miss. L.J. 757 (2010)
- Cody Bailey, Recent Decision, Architex Ass’n v. Scottsdale Ins. Co.,27 So. 2d 1148 ( Miss. 2010), Mississippi Law Journal Online Volume 79 (2010)
Honors & Awards
- Recognized in Chambers USA 2021 as “Up and Coming” in Construction
- Recognized in Benchmark Litigation’s 40 & Under Hotlist for 2021
- Clerked for Hon. Rhesa H. Barksdale on the United States Court of Appeals for the Fifth Circuit
- Recognized in Benchmark Litigation’s Under 40 Hotlist for litigation in the United States and as a Future Star
- Recognized by Super Lawyers as Rising Star in the area of Construction Litigation
- Graduate of Construction Leadership Institute, Mississippi Associated Builders and Contractors
News
- BRUNINI ATTORNEYS RECOGNIZED IN THE BEST LAWYERS IN AMERICA© 2023 EDITION
- Brunini Named Best Law Firm in Mississippi for Third Year in a Row
- Benchmark Litigation has once again named Brunini Law Firm to its annual shortlist for Mississippi Firm of the Year.
- Brunini Attorneys Recognized in the 2022 Edition of Best Lawyers
- Brunini Law Firm and Attorneys Ranked in Prestigious Chambers USA 2021 Guide
- 17 Brunini Attorneys Named to 2020 Mid-South Super Lawyers and Rising Stars
- Benchmark Litigation Has Recognized Eight Brunini Attorneys in its 2021 Edition
- THREE BRUNINI ATTORNEYS RECOGNIZED BY BENCHMARK LITIGATION 40 & UNDER HOT LIST
- COVID-19 AND THE CONSTRUCTION INDUSTRY
- Brunini Recognized by Super Lawyers
- Brunini Recognized As Highly Recommended Firm by Benchmark Litigation 2020
- Brunini Attorneys Recognized by Best Lawyers
- Benchmark Litigation Recognizes 4 Brunini Attorneys on its 40 & Under Hot List
- 2016 Mid-South Super Lawyers
- Carmody and Bailey Victorious in Eighth Circuit Appeal of United States Department of Education Ruling on Whistleblower Claim Under American Recovery and Reinvestment Act of 2009