Cases
Experience: National product liability counsel for manufacturer of commercial kitchen equipment.
Representation of numerous companies
manufacturers in product liability, toxic tort
commercial litigation claims in over 25 states in both state
federal courts.
Summary judgment for construction hoist manufacturer in connection with personal injury claim alleging a product malfunction. Trepagnier v. Alimak Hek, Inc.
Alimak Hek Rental Group, LLC, 784 Fed. Appx. 195 (5th Cir. 2019).
Co-lead counsel in case involving thous
s of missing/dead cattle that plaintiff blamed on a particular cattle vaccine despite the fact that cattle were inoculated with numerous different products, commingled after arriving from different locations, were not properly segregated by lots, etc. Obtained summary dismissal of all claims in connection with record falsification
discovery abuse by plaintiff. Franklin Livestock v. Boehringer Ingelheim Vetmedica, Inc ., 251 F. Supp. 3d 962 (E.D.N.C. 2017), aff'd per curiam (4th Cir. 2018).
Obtained summary judgment for El Paso Corporation
Tennessee Gas Pipeline in fuel gas explosion/personal injury case occurring in Marshall County, Mississippi. The explosion was allegedly associated with clients' transportation/delivery of natural gas via their interstate transmission pipeline. Elliott v. El Paso Corp., et al., 181 So. 3d 263 (Miss. 2015).
Lead counsel in defeating plaintiffs' claims to certify a nationwide class action regarding an FDA approved veterinary drug product. The court denied plaintiffs class certification efforts following a four day hearing. Haley, et al. v. Merial Ltd., et al., 292 F.R.D. 339 (N.D. Miss. 2013).
Obtained summary judgment for client in fuel gas explosion/personal injury case in Canton, Mississippi. Blackmon v. City of Canton, et al., Circuit Court of Madison County, Mississippi (February 2013).
Lead counsel in Ortego v. Merial, LLC, a product liability case involving the efficacy of an animal drug product. The case was tried in August 2011 in the United States District Court for the Western District of Louisiana
resulted in a defense verdict.
Obtained summary judgment
dismissal of all claims against forklift manufacturer in case of alleged defective design resulting in serious personal injury in a work related accident. Townsend v. Doosan Infracore American Corp ., 3 So. 3d 150 (Miss. Ct. App. 2009).
During 2009, obtained summary judgment
judgment for costs against farm entity in connection with claim for alleged crop injury purportedly related to herbicide applications made in potato fields. Matthews v. FMC Corporation & Ag Tech, Inc
District Court for the Fifth Judicial District of Idaho in
for Cassia County
Case No. CV-06-1125.
Co-lead counsel at trial
on appeal of commercial case involving illegal application of pesticides in Arkansas. The opinion from the Arkansas Supreme Court was that state's first pronouncement on the availability of damages for mental anguish in connection with the Arkansas Deceptive Trade Practices Act. FMC Corporation, et al. v. Helton, et al. 202 S.W. 3d 490 (Ark. 2005).
Lead counsel in obtaining dismissal of plaintiffs' claims against defendant on basis of federal preemption. Dahlman Farms, Inc. v. FMC Corporation, 240 F.Supp.2d 1012 (D.Minn. 2002).
Obtained summary judgment
dismissal of claims against defendants alleged to have tortiously interfered with government procurement contracts. Toxco, Inc. v. Transchem, LLC, 42 Fed. Appx. 712, 2002 WL 177429 (6th Cir. 2002).
Summary judgment in case involving off-target pesticide damage to property. Cornay v. FMC Corporation, 735 So.2d 944 (La.App. 3 Cir. 1999).
Obtained summary judgment in favor of manufacturer sued by firefighters in connection with toxic soup claims arising from plant fire
explosion. Thompson, et al. v. FMC Corporation, et al., 710 So.2d 1270 (Ala.Civ.App. 1997).
Obtained summary judgment in case involving mis-h
ling
misuse of pesticide resulting in damage to adjoining l
owner. J. Carlson Grower, Inc. v. Riverview FS, et al., Circuit Court for 17th Judicial Circuit, Winnebago County, Illinois
Cause No.: 99-L-147.
As lead counsel
co-lead counsel, Mike has tried numerous product liability, commercial dispute
personal injury cases to verdict in state
federal courts in Mississippi, Louisiana
Arkansas.
