Representative Matters

General Business & Complex Commercial Litigation

• Represented a medical services provider in the U.S. District Court for the Southern District for the Southern District of Mississippi and U.S. Court of Appeals for the Fifth Circuit against plaintiffs’ claims for breach of contract related to the standard of care. Matt successfully argued before the District Court and Court of Appeals that 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 the U.S. District Court for the Southern District of Mississippi 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 and the court granted summary judgment, ordering the insurance company to provide coverage.
• Represented a business owner in Florida state court against claims by a former employee for breach of contract, fraudulent transfer of assets, and mere continuation, among others. Matt successfully argued there was no evidence to support any of plaintiff’s claims and the court granted summary judgment, dismissing all of plaintiff’s claims.
• Represented a real estate investment trust in the U.S. District Court for the Southern District of Mississippi 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, an outcome that was covered by The Wall Street Journal and other national news outlets.
• 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 the U.S. District Court for the Southern District of Mississippi against plaintiff’s claims of toxic inhalation of silica. 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 Mississippi 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.

Constitutional Disputes

• Represented the Mississippi Secretary of State before a three-judge federal panel in the U.S. District Court for the Southern District of Mississippi and then on direct appeal to the U.S. Supreme Court in two phases of litigation concerning the redistricting of the Mississippi legislature. Plaintiffs claimed the redistricting plan violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Matt briefed the arguments for the Secretary that prevailed before the three-judge panel and both times on appeal to the U.S. Supreme Court.
• Represented media reporters, including reporters at the state’s largest newspaper, in various actions to successfully resist subpoenas for information based upon the Reporter’s Privilege found in the First Amendment to the United States Constitution, including in a state court criminal trial that received substantial media and public attention.
• Currently represents the Mississippi Secretary of State in litigation before a three-judge federal panel in the U.S. District Court for the Southern District of Mississippi concerning the redistricting of U.S. Congressional districts in Mississippi. Plaintiffs claim the redistricting plan violates Section 2 of the Voting Rights Act of 1965 and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
• Currently represents a county government in litigation in the U.S. District Court for the Southern District of Mississippi concerning the use of the phrase “In God We Trust” on state license tags. Plaintiffs claim the phrase compels speech and the free exercise of religion in violation of the First Amendment to the United States Constitution.
• Currently represents a county government in the U.S. District Court for the Southern District of Mississippi concerning the state’s statutory plan to change the governance model for the largest airport in the state. Plaintiffs have asserted numerous constitutional claims, including violations of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

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 to guide his policymaking. The Ethics Commission agreed the records were public records and ordered them produced.

Government Investigations & White Collar Crime

• Represented a health care entity under investigation by the U.S. Department of Health and Human Services Office of Civil Rights for compliance with HIPAA regulations following a large data breach caused by a foreign infiltration and ransom demand. Matt guided the health care entity through the process, and the investigation concluded with the file closed by the Office of Civil Rights and no penalty assessed against his client.
• 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.

 Natural Gas Litigation

• Represented a large natural gas provider in the U.S. District Court for the Southern District of Mississippi 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.

 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 worked on a project through the University of Southern Mississippi to evaluate Mississippi’s recidivism reduction programs. This was part of Matt’s doctoral studies towards a PhD in criminal justice.