Brunini Law

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Stephen J. Carmody

Member

Tel: 601-960-6890
Fax: 601-960-6902

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Practice Areas

Appellate
Breach of Contract
Business Torts
Class Actions
Commercial Litigation
Construction
Insurance Litigation
Intellectual Property
Intellectual Property Litigation
Labor and Employment
Media and Advertising
Personal Injury, Mass Torts, and Product Liability
Securities Fraud & Shareholder Disputes
Technology and Software

Stephen J. Carmody

Member

Biography

In 1984 Steve Carmody received his undergraduate degree in accounting with honors from the University of Southern Mississippi. While an undergraduate he was a member of Omicron Delta Kappa, Beta Alpha Psi, Beta Gamma Sigma, and the Gold Key Society and received the National Collegiate Athletic Association Post Graduate Scholarship. He was also inducted into the Southern Mississippi Athletic and Student Halls of Fame. After a brief stint with the Denver Broncos of the National Football League, he attended law school at Southern Methodist University and graduated in 1987.

After receiving his law degree, Steve began work in the Labor and Employment Section of the law firm of Kilpatrick & Cody in Atlanta, Georgia. In 1989, he returned to Mississippi and joined the Brunini firm, where his practice focused on litigation and arbitration. He started the Brunini firm’s Labor and Employment practice group and has served as its long-term Chair.

He is a member of the Arkansas, Georgia and Mississippi Bars. He is admitted to practice in the state and federal courts of Arkansas, Mississippi and Georgia and the United States Courts of Appeals for the Fifth, Eighth and Eleventh Circuits. He has been accepted and has practiced before the Supreme Court of the United States. He has successfully tried numerous cases in both state and federal courts in Mississippi and participated in arbitrations held in many different states. He has been recognized by Best Lawyers in America® in the fields of Employment Law-Management; Labor Law-Management; Copyright Law; Litigation-Intellectual Property; Litigation- Labor and Employment, and Trademark Law. He is rated “AV” Preeminent (the highest level of excellence) by Martindale-Hubble. He and the Brunini firm have been honored by Benchmark® as the preeminent litigation firm in Mississippi.

Steve’s practice emphasizes labor, employment, employee benefits, intellectual property, and construction litigation. He has handled a number of collective action lawsuits alleging wage and hour violations. He has taught food products litigation, seminars for the National Business Institute and the University of Mississippi Continuing Legal Education Department. He is often a guest lecturer at Mississippi College School of Law.

Steve is active in local civic matters and has served on many governing boards:

  • The Executive Council and Board of Mississippi Sports Foundation;
  • President and Board Member of the Mississippi Sports Hall of Fame Foundation;
  • President of the Jackson Touchdown Club;
  • Member of the Catholic Foundation and Director of its Bishop’s Cup Charity Golf Tournament;
  • Board Member, Legal Counsel, Vice President and Treasurer of the Board of Governors of the Country Club of Jackson;
  • Board of Directors, President and Secretary of the National Football Foundation and Hall of Fame, Central Mississippi Chapter;
  • President, Secretary and Member of the Executive Committee of the Jackson Metropolitan YMCA;
  • Board Member of the University of Southern Mississippi Athletic Foundation; and
  • Board Member of the University of Southern Mississippi Foundation.

Education

  • J.D., Southern Methodist University, 1987
  • B.S.B.A., University of Southern Mississippi, 1984 With Honors

Admissions

  • Mississippi (1989)
  • Georgia (1987)
  • Arkansas (2012)
  • United States District Courts of Mississippi (1989)
  • United States Court of Appeals for the Fifth Circuit(1989)
  • United States Court of Appeals for the Eighth Circuit (2012)
  • United States District Court for the Northern District of Georgia (1987)
  • United States District Court for the Eastern District of Arkansas (2013)
  • United States Supreme Court (2009)
  • United States Court of Appeals for the Eleventh Circuit (2015)

Community & Professional Activities

  • Hinds County Bar Association
  • Mississippi Defense Lawyers Association
  • The Mississippi Bar (Minority Involvement Committee 1990-1994, Paralegal Committee, 2006)
  • Labor and Employment Section of the American Bar Association
  • Litigation Section of the American Bar American Bar Association
  • Intellectual Property Section of the American Bar Association
  • American Bar Association of the Fifth Federal Circuit
  • Sports Lawyers Association
  • Defense Research Institute
  • American Inns of Court
  • Fifth Circuit Bar Association
  • Diocesan Lawyers Association
  • Grocery Manufacturer’s Association
  • Coalition of Food Industry Counsel
  • Mississippi Association of Self Insureds
  • Litigation Counsel of America
  • International Association of Defense Counsel
  • Fellow of the American Bar Foundation
  • Canon Law Society
  • Mississippi, Georgia and Arkansas Bar Associations
  • Capital Area Bar Association

Representative Matters

  • Brennan’s, Inc. v. Brennan, 556 U.S. 1127 (U.S. 2009) (intellectual property Supreme Court of the United States).
  • Business Communications, Inc. v. U.S. Dept. of Educ., United States Court of Appeals, Eighth Circuit. December 02, 2013 739 F.3d 374 2013 WL 6223581 12-3081 (whistleblower retaliation).
  • Prideaux v. Tyson Foods, Inc., No. 09-60469 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, 387 Fed. Appx. 474; 2010 U.S. App. LEXIS 1469 (jury trial discrimination case).
  • Little v. Republic Refining Co., Ltd., United States Court of Appeals, Fifth Circuit. February 21, 1991 924 F.2d 93 1991 WL 11453 89-7103 (age discrimination jury trial).
  • Owens v. Philadelphia American Life Ins. Co., United States Court of Appeals, Fifth Circuit (2003) (employee benefits).
  • In re Arbitration Between Atherton and Online Video Network, Inc., United States District Court, S.D. New York. August 01, 2003 274 F.Supp.2d 592 2003 WL 21787457 03 CIV. 1687 (arbitration award enforcement).
  • Gulf Coast Hospice LLC v. LHC Group Inc., Supreme Court of Mississippi. June 06, 2019 273 So.3d 721 2019 WL 2384431 2017-CA-01634-SCT (breach of contract).
  • Galloway v. Sanderson Farms, Inc., United States District Court, S.D. Mississippi, Eastern Division. July 06, 2020 Slip Copy 2020 WL 3697964 2:19-CV-76-KS-MT (FMLA retaliation). (Defense Verdict)
  • Hallman v. Peco Foods, Inc., Cause Number 3:19-cv-00368-DPM, in the United States District Court for the Eastern District of Arkansas, Northern Division (wage and hour collective action)
  • Construction Services, L.L.C. v. Industrial & Crane Services, Inc., United States District Court, S.D. Mississippi, Southern Division. March 18, 2019 Slip Copy 2019 WL 1246482 1:17CV304-HSO-JCG (wage and hour dispute).
  • Nicks v. Peco Foods, Inc., United States District Court, N.D. Alabama, Western Division. March 27, 2018, 2018 WL 1509370 7:16-CV-01057-LSC (wage and hour collective action).
  • Triplett v. Southern Hens, Inc., Supreme Court of Mississippi. March 15, 2018 238 So.3d 1128 2018 WL 1323532 2016–CA–01157–SCT (workers’ compensation bad faith).
  • McLeod et v. Black Jack Services, Cause Number 5:16-cv-00087-DCB-MTP, in the United District Court for the Southern District of Mississippi, Western Division (wage and hour collective action).
  • Catholic Diocese of Biloxi Supplemental Medical Reimbursement Plan and Catholic Diocese of Biloxi v. Blue Cross, Blue Shield of Texas, United States District Court, S.D. Mississippi. March 26, 1997 960 F. Supp. 1145 1997 WL 218938 (Federal Employee Health Benefits Act).
  • Santinac v. Worldwide Labor Support of Illinois, Inc., United States District Court, S.D. Mississippi, Southern Division. March 23, 2017 Not Reported in Fed. Supp. 2017 WL 1098828 1:15CV25-LG-RHW (wage and hour overtime collective action).
  • Davis v. Peco Foods of Brooksville, Inc., United States District Court, S.D. Mississippi, Northern Division. September 06, 2017, 2017 WL 4557775 3:17–CV–305–CWR–FKB (race discrimination).
  • Spire, Inc. v. Cellular South, Inc., United States District Court, S.D. Alabama, Southern Division. December 22, 2017 Slip Copy 2017 WL 11512582 CV 17-00266-KD-N (intellectual property dispute).
  • Sealey v. Johanson, United States District Court, S.D. Mississippi, NORTHERN DIVISION. January 04, 2017, 2017 WL 52637 3:15CV137-DPJ-FKB (ERISA malpractice lawsuit).
  • Grace v. CenterPoint Energy, Inc., United States District Court, S.D. Mississippi, Northern Division. October 16, 2017, 2017 WL 4638020 3:16-CV-432-CWR-LRA (race and sex discrimination).
  • Southern Hens, Incorporated v. Occupational Safety and Health Review Commission, United States Court of Appeals, Fifth Circuit. July 18, 2019 930 F.3d 667 2019 WL 3227962 18-60436 (OSHA appeal).
  • Peco Foods Inc v. Retail Wholesale and Department Store Union Mid-South Council, United States Court of Appeals, Eleventh Circuit. May 21, 2018 (arbitration appeal).
  • King v. Peco Foods, Inc., United States District Court, N.D. Mississippi, Aberdeen Division; 1:14–CV–00088–MPM–DAS (Three week jury trial resulting in a defense verdict in favor of client).
  • United States v. H&B Trading Company, United States District Court, S.D. Mississippi, Northern Division. March 13, 2015, 2015 WL 11017983 3:14-CV-101-CWR-LRA (assessment challenge).
  • Regions Ins., Inc. v. Alliant Ins. Services, Inc., United States District Court, S.D. Mississippi, Northern Division. April 24, 2015, 2015 WL 1886852 3:13-CV-667-HTW-LRA (business protection arbitration appeal).
  • American Federation of Musicians of the United States and Canada v. Skodam Films, LLC, United States District Court, N.D. Texas, Dallas Division. December 03, 2015 313 F.R.D. 39 2015 WL 7771078 3:15-MC-122-M-BN (labor dispute).
  • Kinney v. Catholic Diocese of Biloxi, Inc., Supreme Court of Mississippi. July 17, 2014 142 So.3d 407 2014 WL 3513125 2012-CA-01782-SCT (church closing).
  • Painter v. Regions Ins., Inc., Supreme Court of Mississippi. October 08, 2015 181 So.3d 970 2015 WL 5854494 2014-CA-00883-SCT (arbitration appeal).
  • Triplett v. Liberty Mut. Fire Ins. Co.,United States District Court, S.D. Mississippi, Eastern Division. August 27, 2014, 2014 WL 4262667 2:14-CV-66-KS-MTP (improper joinder under ERISA).
  • Velasco v. St. Dominic’s Hosp., United States District Court, S.D. Mississippi, Jackson Division. April 25, 2013, 2013 WL 1775735 3:12-CV-895-DPJ-FKB (Title VII retaliation).
  • Commonwealth Brands, Inc. v. Morgan, Supreme Court of Mississippi. April 04, 2013 110 So.3d 752 2013 WL 1339387 2011-CA-01274-SCT (injunctive relief constitutional law).
  • Patterson v. St. Dominic-Jackson Memorial Hosp., United States District Court, S.D. Mississippi, Jackson Division. March 19, 2013 Not Reported in F.Supp.2d 2013 WL 1149561 3:11-CV-623-CWR-FKB (sex discrimination and retaliation).
  • Norman v. Southern Hens, Inc., United States District Court, S.D. Mississippi, Hattiesburg Division. May 22, 2013 Not Reported in F.Supp.2d 2013 WL 2251745 2:12-CV-106-KS-MTP (race discrimination).
  • Catholic Diocese of Biloxi, Inc. v. Sebelius, United States District Court, S.D. Mississippi, Southern Division. February 15, 2013, 2013 WL 690990 1:12CV158-HSO-RHW (constitutional challenge).
  • Business Communications, Inc. v. Banks, Supreme Court of Mississippi. June 21, 2012 90 So.3d 1221 2012 WL 2345366 2009-CT-00407-SCT (business protection agreement jury trial).
  • Unified Brands, Inc. v. Teders, United States District Court, S.D. Mississippi, Jackson Division. June 19, 2012 868 F.Supp.2d 572 2012 WL 2369300 3:11-CV-63-WHB-LRA (Mississippi Uniform Trade Secrets Act).
  • Adams v. Columbus Lumber Co., LLC, United States District Court, S.D. Mississippi, Jackson Division. May 19, 2011, 2011 WL 1899805 3:10CV475TSL-MTP (employment dispute).
  • Taylor v. Johnson Controls, Inc., United States District Court, S.D. Mississippi, Jackson Division. January 11, 2011, 2011 WL 96566 3:09CV414TSL-FKB (age discrimination retaliation).
  • Smith v. Koch Foods of Mississippi, LLC, United States District Court, S.D. Mississippi, Jackson Division. June 13, 2011 Not Reported in F.Supp.2d 2011 WL 2415336 3:09CV668 DPJ-FKB (race discrimination and sexual harassment).
  • Omnova Solutions, Inc. v. Lipa, Supreme Court of Mississippi. August 12, 2010 44 So.3d 935 2010 WL 3169587 2008-CT-00500-SCT (workers’ compensation appeal).
  • Schmidt v. Catholic Diocese of Biloxi, Supreme Court of Mississippi. September 17, 2009 18 So.3d 814 2009 WL 2960706 2008-CA-00416-SCT (church closing).
  • Price v. Omnova Solutions, Inc., Court of Appeals of Mississippi. February 17, 2009 17 So.3d 104 2009 WL 368534 2007-WC-01487-COA (workers’ compensation appeal).
  • McNeal v. Houston Enterprises, Inc., United States District Court, S.D. Mississippi, Jackson Division. March 13, 2008 (intellectual property).
  • Luckett v. Peco Foods, Inc., United States District Court, S.D. Mississippi, Hattiesburg Division. February 22, 2008, 2008 WL 534760 3:07CV85-KS-MTP (wage and hour overtime collective action).
  • Brown v. Peco Foods, Inc., United States District Court, S.D. Mississippi, Eastern Division. February 25, 2008, 2008 WL 4145428 4:07CV99-KS-MTP (wage and hour overtime collective action).
  • Warren v. Derivaux, Supreme Court of Mississippi. December 04, 2008 996 So.2d 729 2008 WL 5089507 2007-CA-00905-SCT (property damage).
  • Quality Design and Const., Inc. v. Capital Glass Co., Inc., Court of Appeal of Louisiana, First Circuit. October 31, 2008 Not Reported in So.2d 2008 WL 4764341 2008 CA 0838 (construction dispute).
  • White v. Peco Foods, Inc., United States District Court, S.D. Mississippi, Eastern Division. February 22, 2008 546 F.Supp.2d 339 2008 WL 542841 CIVA 4:07CV18 KSMTP (wage and hour overtime collective action).
  • Daniels v. Peco Foods of Mississippi, Inc., Court of Appeals of Mississippi. April 22, 2008 980 So.2d 360 2008 WL 1795829 2007-WC-00634-COA (workers’ compensation appeal).
  • Richards v. Tower Automotive Products Company, Inc., United States District Court, S.D. Mississippi, Jackson Division. October 17, 2008 Not Reported in Fed. Supp. 2008 WL 11346422 3:08CV207 DPJ-JCS (wage and hour collective action).
  • Pratt v. Pharmnet, Inc., United States District Court, N.D. Mississippi, Western Division. October 13, 2006, 2006 WL 2943296 CIV.A.3:04CV208DA (employment dispute jury trial).
  • Lester v. Eldec Induction USA, Inc., United States District Court, N.D. Mississippi, Delta Division. September 29, 2005, 2005 WL 2406089 CIV.A. 304CV96-B-D (employment injury).
  • HeartSouth, PLLC v. Boyd, Supreme Court of Mississippi. November 20, 2003 865 So.2d 1095 2003 WL 22725180 2002-CA-01456-SCT (business protection agreement).
  • Howe v. Andereck, Court of Appeals of Mississippi. March 23, 2004 882 So.2d 240 2004 WL 557379 2002-CA-01272-COA (defamation claim).
  • Tallahatchie Valley Elec. Power Ass’n v. Mississippi Propane Gas Ass’n, Inc., Supreme Court of Mississippi. January 10, 2002 812 So.2d 912 2002 WL 24604 2000-CA-00015-SCT (injunctive relief ultra vires actions).
  • McRae’s, Inc. v. Hussain, United States District Court, S.D. Mississippi, Jackson Division. June 30, 2000 105 F.Supp.2d 594 2000 WL 1036000 CIV. A. 399CV888LN (intellectual property dispute).
  • Thomas v. Jones Restaurants, Inc., United States District Court, M.D. Alabama, Northern Division. September 14, 1999 64 F.Supp.2d 1205 1999 WL 742352 CIV. A. 99-T-130-N (wage and hour overtime dispute).
  • Choctaw Maid Farms, Inc. v. Murphy, Court of Appeals of Mississippi. June 18, 1996 687 So.2d 813 1996 WL 787582 94-CA-00746-COA (employment dispute).
  • Mississippi High School Activities Ass’n, Inc. v. Coleman By and on Behalf of Laymon, Supreme Court of Mississippi. January 27, 1994 631 So.2d 768 1994 WL 20989 91-CA-0486 (school athlete eligibility).
  • Smith v. Claiborne County, Supreme Court of Mississippi. October 30, 1991 587 So.2d 935 1991 WL 225764 89-CA-0798 (employment dispute).

Honors & Awards

  • Best Lawyers In America©: Lawyer of the Year, 2022 – Employee Benefits (ERISA) Law
  • Martindale Hubbell: “AV Preeminent”
  • Benchmark© Labor & Employment South Star
  • Best Lawyers in America©: Litigation- Intellectual Property; Employment Law- Management; Labor Law-Management; Litigation-Labor & Employment; Professional Malpractice Law – Defendants and Mass Tort Litigation/ Class Actions-Defendants Law-Management; Litigation-Labor & Employment; and, Trademark Law

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