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About Kenneth W Barton

Kenneth W Barton is a lawyer practicing commercial litigation, insurance defense, professional liability and 3 other areas of law. Kenneth received a B.A. degree from Millsaps College in 1970, and has been licensed for 54 years. Kenneth practices in Ridgeland, MS.

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Services

Areas of Law

  • Commercial Litigation
  • Insurance Defense
  • Professional Liability
  • Other 3
    • Commercial
    • Ethics & Professional Responsibility
    • Defective and Dangerous Products

Practice Details

  • Firm Information
    Position
    Attorney
  • Representative Cases & Transactions
    Cases
    Experience: Represented over 60 attorneys in professional liability actions
    disciplinary proceedings, e.g., Merchants & Farmers Bank v. Coxwell (In re: Fish & Fisher, Inc.), 557 Fed. APPX 259, 2014 U.S. App. LEXIS 2398, 2014 WL 494826 (5th Cir. 2014), a claim against an attorney involving alleged improper disbursement of trust account funds was dismissed by the bankruptcy court in an adversary proceeding,
    appeals to the United States District Court
    Court of Appeals for the Fifth Circuit affirmed the dismissal
    Terrain Enterprises, Inc. v. Mockbee, 654 So.2d 1122 (Miss. 1995), a claim against an attorney involved an alleged unauthorized settlement in which the Mississippi Supreme Court affirmed a jury verdict in favor of the attorney.
    Counsel for major oil company in toxic tort, commercial
    general litigation. Recent work includes defense of a global warming lawsuit in federal court against oil, energy
    chemical companies by property owners who alleged that greenhouse gas emissions by the defendants contributed to Hurricane Katrina which caused damage to their property. The trial court's dismissal of the suit was affirmed by the Court of Appeals for the Fifth Circuit. Comer v. Murphy Oil USA, et al., 718 F.3d 460 (5th Cir. 2013).
    Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), aff'd, 206 F.3d 1212 (D.C. Cir.). Together with other counsel, represented thous
    s of African American farmers in historic federal class action against United States Department of Agriculture for racial discrimination in administration of farm loans
    benefit programs, recovering approximately $1 billion for farmers
    taking no fee from them.
    Represented major pharmaceutical manufacturer in mass tort product liability litigation involving prescription diet drug.
    Counsel for major telecommunications company in various litigated matters
    e.g., Bearden v. BellSouth Telecommunications, 29 So.3d 761 (Miss. 2010), the Mississippi Supreme Court, in a case of first impression, affirmed the trial court's dismissal of a malicious prosecution action.
    Represented many manufacturers
    distributors in variety of product liability actions in federal
    state courts, including automobile manufacturer in dozens of vehicular rollover cases
    e.g., Pounds v. Rogersol, Inc., et al. (S.D. Miss.), in a toxic tort benzene case, trial court granted Daubert motion to exclude plaintiff's expert
    motion for summary judgment. Broome v. Freightliner Corp., 856 F.2d 189 (5th Cir. 1988), trial court's summary judgment in favor of defendant was affirmed

    Stahl Urban v. Uniroyal (S.D. Miss), a commercial product liability case that resulted in federal court jury verdict for defendant after nine weeks of trial.
    Represented insurance companies in coverage disputes, e.g., The Home Insurance Company of Illinois v. Joe Justus et al. (S.D. Miss.), federal court jury returned verdict for insurer
    determined there was no coverage for $1 million judgment against insured by injured parties.
    Represented hundreds of employees in related group of collective actions in federal court against governmental employers for wage
    hour violations that resulted in settlements of over $14 million.
    Wyeth Laboratories v. James, 918 So.2d 1243 (Miss. 2005)
    Wyeth-Ayerst Laboratories v. Caldwell, 905 So.2d 1205 (Miss. 2005), interlocutory appeals to Mississippi Supreme Court by pharmaceutical company that resulted in reversal of trial court's decisions refusing to sever multiple plaintiffs
    transfer to proper venue.
    American Home Products Corporation v. Sumlin, 942 So.2d 766 (Miss. 2006), appeal by pharmaceutical company to Mississippi Supreme Court that resulted in reversal of trial court's refusal to transfer venue to another county.
    Represented numerous plaintiffs in personal injury
    product liability cases, many of which have resulted in substantial verdicts
    settlements.
    Cole v. Alton, 567 F.Supp. 1081 (N.D. Miss. 1983)
    567 F.Supp. 1084 (N.D. Miss. 1983), defense of wrongful death action, resulted in summary judgment dismissing negligent entrustment claim against trucking company
    thereafter dismissal of individual officers
    employees of company.
    Alabama Great Southern Railroad Company v. Allied Chemical Corporation et al., 501 F.2d 94 (5th Cir.) reversed a $3.6 million verdict against defendants in product liability action based on indemnity claim for millions of dollars paid to claimants following train derailment.
    Wright v. Jackson Municipal Airport Authority, 300 So.2d 805 (Miss.)
    344 So.2d 471 (Miss.) involved representation of l
    owner, in first inverse condemnation case in state history, over whose l
    an aviation easement was taken without compensation.

Experience

  • Bar Admission & Memberships
    Admissions
    1972, Mississippi
    U.S. District Court, Mississippi, Northern and Southern Districts
    U.S. Court of Appeals, 5th Circuit
    U.S. Supreme Court
    Memberships

    Associations

    American Bar Association

    Center for Professional Responsibility

    Litigation Section

    Professional Liability Litigation Committee

    Ethics and Professionalism Committee

    Mississippi Bar Association

    Ethics Committee

    Association of Professional Responsibility Lawyers

    Mississippi Defense Lawyers Association

    Capital Area Bar Association

  • Education & Certifications
    Law School
    University of Mississippi
    J.D.
    1972 Editor-in-Chief

    University of Mississippi
    J.D.
    Mississippi Law Journal

    University of Mississippi
    J.D.
    with honors
    Other Education
    Millsaps College
    Class of 1970
    B.A.
    Political Science
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