Select Matters
- Sales and use tax appeals: Successfully represent manufacturer in administrative appeal of sales and use tax assessments, resulting in a reduction of the assessments by over $19 Million (September 2023).
- Clean Water Act claims: Successfully represent industrial manufacturer in resolution of governmental investigation of Clean Water Act violations (2023).
- Public procurement claims: Successfully represented a state agency to defend a bid protest concerning a $20 million project that involved the application of the bid amendment regulations in DFA's Procurement Manual. See The Mississippi State Port Authority of Gulfport vs. Eutaw Construction Co., Inc., No. 2020-IA-00881-SCT. (Miss. June 9, 2022).
- Construction claims: Successfully represented a state agency owner against a contractor and surety in a construction lawsuit involving over $40 Million in damage claims (2020).
- Partnership disputes and buyouts: Represented a minority stakeholder in multiply venues pursuing claims of breach of contract and fiduciary duties against a partner that failed to properly allocate real estate sale proceeds to the minority stakeholder. A settlement in favor of the minority stakeholder was reached (2019).
- Land use and zoning law claims: Successfully obtained damage proceeds for homeowner whose residential construction was damaged by the improper revocation of a building permit (2019).
- Environmental toxic tort claims: Defended toxic tort claims associated with activities of prior industrial owner and pursued indemnity claims against prior owner (2019).
- Land use claims: Represented a group of landowners to successfully challenge a rezoning effort by an adjoining developer/landowner (Harrison County Board of Supervisors, June 2017).
- Environmental permitting claims: Represented landowners to successfully challenge an application for a new municipal solid waste landfill (Amite Co. Board of Supervisors, April 2017).
- Public procurement claims: Successfully represented a public agency to defend a bid protest of a $43 Million construction project. See W.C. Fore Trucking, Inc. v. Mississippi State Port Authority, Civil Action No. 24CI1:16-cv-057 (Circuit Court of Harrison County, First Judicial District, Miss., November 10, 2016).
- Oil Pollution Act/Natural Resource Damages: Represented the Mississippi Department of Environmental Quality and worked with a team of environmental scientists in preparing the state's Natural Resource Damage Assessment arising out of the Deepwater Horizon Oil Spill. A multi-million dollar settlement in favor of Mississippi was reached. In re: Oil Spill by the Oil Rig "Deepwater Horizon," MDL No. 2179 (E.D. La. April 4, 2016).
- Covenant-not-to-compete claims: Represented departing physicians in successfully obtaining summary judgment against former employer, in which the court found the covenants not-to-compete to be unenforceable and dismissed lost profit claims of over $1 million. (Chancery Court of Harrison County, First Judicial District, Miss., 2015).
- Sales/use tax appeals: Obtained summary judgment in favor of manufacturing/utility client that found a Mississippi Department of Revenue regulation regarding a use tax exemption for pollution control equipment to be invalid, and successfully defended the client’s position on appeal. See Mississippi Department of Revenue v. Mississippi Power Co., No. 2013-CA-01234-SCT, 2014 Miss. LEXIS 388 (Miss. Aug. 7, 2014).
- Environmental remediation: Negotiated and coordinated for landowners an environmental remediation required by state and local governmental entities regarding property located in Jackson County, Mississippi (2013).
- Breach of contract and fiduciary duties: Received jury verdict of $1,089,000 on behalf of physician client against former partners resulting from breach of contract (Circuit Court of Harrison County, First Judicial District, Miss., 2011).
- Product liability claims: Represented a commercial waste truck manufacturer to successfully defend numerous products liability and breach of warranty claims. See Delta Sanitation of Mississippi, LLC v. Ingram Equipment Co. LLC, et al., Civil Action No. 1:09-cv-31 HSO-JMR (S.D. Miss. 2009).
- Negligence, Trespass, and Toxic Tort (mass-tort litigation): Primarily authored a motion for Summary Judgment, and conducted a substantial portion of the discovery beforehand, that led to the dismissal of over 100 property damage and toxic tort lawsuits filed by landowners against an intermodal container company regarding 18-wheeler containers and chassis that were washed inland from the Port of Gulfport during Hurricane Katrina. See Defazio v. Chiquita Fresh North America L.L.C., 2008 WL 2788732 (S.D. Miss. July 14, 2008).
Publications
News
Credentials
Education
- University of Mississippi School of Law, J.D., 2005, magna cum laude
- University of Southern Mississippi, B.S.B.A., Accounting, 2002, highest honors
Courts
- U.S. Court of Appeals, Fifth Circuit, 2005
- U.S. District Court, Southern District of Mississippi, 2005
- U.S. District Court, Northern District of Mississippi, 2005
- Mississippi Appellate and Trial Courts, 2005
Bar Admissions
- Mississippi, 2005
Professional Affiliations
- Mississippi Board of Bar Commissioners, 2021 - present
- Association of General Contractors, Mississippi Chapter
- Associated Builders and Contractors, Mississippi Chapter
- Leadership Mississippi, Class of 2016
- Leadership Gulf Coast, Class of 2010 - 2011
- Harrison County Bar Association, President, 2017; Vice President, 2016
Awards & Accolades
- The Best Lawyers in America®, Lawyer of the Year 2023, Gulfport, Product Liability Litigation - Defendants
- The Best Lawyers in America®, Commercial Litigation, Litigation – Construction, Product Liability Litigation - Defendants
- Mid-South Super Lawyers, Rising Star, 2013 -2020
- AV-rated by Martindale-Hubbell
- Benchmark Litigation, Under 40 Hot List, 2017 - 2020
Community Involvement
- Trinity Methodist Church, Gulfport, Mississippi