Representative Matters

General Business Litigation

• Represented a medical services provider in the United States Court of Appeals for the Fifth Circuit against plaintiffs’ claims for breach of contract related to the standard of care. Matt successfully argued plaintiffs’ claims were medical malpractice claims cloaked as breach of contract claims, and therefore required dismissal for plaintiffs’ failure to serve a 60-day notice of intent to sue.
• Represented a medical services provider in federal district court in coverage litigation against an insurance company. Matt successfully argued the insurance company had a duty to defend the provider in an underlying state court lawsuit. The court granted summary judgment.
• Represented a real estate investment trust in federal district court against breach of contract claims brought by a tenant that was a part of a major national restaurant brand. Matt spearheaded discussions with a municipality regarding overlapping zoning issues that permitted the suit to ultimately settle on terms favorable to the client.

Product Liability / Mass Torts

• Represented welding rod manufacturers in a federal multi-district litigation court in Cleveland, Ohio, in a case that was scheduled to be the second bellwether trial in the national welding fume exposure litigation. Matt uncovered evidence through investigation that led to the dismissal of the case.
• Represented welding rod manufacturers in the first welding fume exposure cases tried in state courts in Arkansas and West Virginia. The juries in both cases returned verdicts for the manufacturers.
• Represented product manufacturers in federal district court against plaintiff’s claims of toxic inhalation of substances. Matt successfully argued the statute of limitations barred plaintiff’s claims in a way that extended the logic of prior Mississippi courts’ holdings on the issue. The court granted summary judgment and dismissed plaintiff’s claims.
• Represented the manufacturer of a thermometer in state court against the wrongful death claims of multiple plaintiffs against multiple defendants. The suit involved a large industrial plant explosion. Matt successfully argued the manufacturer was entitled to summary judgment because of plaintiffs’ failure to produce any evidence supporting their claims against his client.

Legislative Redistricting

• Represented the Mississippi Secretary of State before the United States Supreme Court in two phases of litigation concerning the redistricting of the Mississippi legislature. Matt crafted an argument for the Secretary that was different than any of the other parties in the litigation. The argument prevailed before two different three judge panels and both times on appeal to the United States Supreme Court. Matt handled briefings before the Supreme Court, and both appeals were resolved based on the briefs.

Public Records

• Represented the largest privately owned wireless communications provider in state court in its effort to obtain a copy of a state contract between a competing communications provider and the State of Mississippi. The lower court denied the petition to obtain a copy of the contract, but Matt successfully argued to the Mississippi Supreme Court the contract was a public record and it overruled the lower court.
• Represented the state’s largest newspaper in the litigation of numerous public records requests, one of which led to the unsealing of records showing Mississippi lost $75M on a failed development project and resulted in a lead news story.
• Represented a state legislator before the Mississippi Ethics Commission in his effort to obtain documents from the Mississippi Bureau of Narcotics. The records discussed drug policy enforcement and effectiveness and the legislator sought them in order to guide his policymaking. The Ethics Commission agreed the records were public records and ordered them produced.

First Amendment

• Represented media reporters, including reporters at the state’s largest newspaper, in successfully resisting subpoenas for information based upon the Reporters’ Privilege found in the First Amendment to the United States Constitution.

Natural Gas Litigation

• Represented a large natural gas provider in federal court against plaintiff’s claims for the wrongful death of his father. Plaintiff alleged the natural gas provider’s negligence resulted in a residential natural gas explosion. Matt successfully argued the plaintiff failed to demonstrate the provider breached any legal duty, and the court granted summary judgment to dismiss the claims.
• Represented a large natural gas provider in state court in multiple suits against multiple plaintiffs for personal injury claims arising from a major natural gas explosion. Matt conducted extensive fact investigation and discovery that ultimately led to the multiple suits settling on terms favorable to the client.

White Collar Crime

• Defended a non-profit director in state court against a ten count felony indictment carrying the potential for 165 years in prison. The jury returned a not guilty verdict on nine of ten counts but a guilty verdict on one. The Mississippi Court of Appeals overturned the one guilty count for lack of evidence.

Public Policy

• Matt has represented and worked with private parties and governmental entities to draft and propose legislation related to Mississippi’s public records laws.
• Matt has recently worked on a project through the University of Southern Mississippi to evaluate Mississippi’s recidivism reduction programs.