Brown v. Subway Sandwich Shop of Laurel, Inc., 2016 U.S.Dist.LEXIS 76526 (S.D.Miss. 2016), Obtained summary judgment in favor of restaurant on plaintiff’s claims of sexual orientation discrimination and violations of the Fair Labor Standards Act (“FSLA”).

E.C. v. Saraco, 628 Fed.Appx. 274 (5th Cir. 2016) (unpublished), Obtained affirmation of summary judgment in favor of dog owner clients on claims that dog attacked minor child. Court found that the dog never exhibited any violent or aggressive traits prior to incident, thus incident was not foreseeable.

Gerald v. University of Southern Mississippi, 2014 U.S.Dist Lexis 5019 (S.D.Miss. 2014), Obtained partial summary judgment in favor of university and professors on claims raised under the Americans with Disabilities Act (“ADA”), the Rehabilitation Act, Title VII gender discrimination and retaliation and state law tort claims.

Fin & Feather Chalets, LLC v. S. Energy Homes, 2014 U.S.Dist. Lexis 75471 (E.D.La., 2014), Obtained dismissal of action against mobile home retailer and compelling plaintiff to arbitrate claims, with court holding that arbitration clause in purchase contract was enforceable.

U.S. ex rel Stephenson v. Archer Western Contractors, 548 Fed Appx. 135 (5th Cir. 2013), Obtained affirmation of dismissal of False Claim Act claim for contractor where plaintiffs failed to provide evidence of misrepresentations made by contractor with regard to providing clay for levee projects.

Collins v. Flash Lube Oil, 518 Fed. Appx. 298 (5th Cir. 2013) (unpublished), Obtained affirmation of summary judgment in favor of business owner for personal injury claim raised by police officer, with court holding that the “Firefighter’s Rule” barred the police officer’s negligence claim.

Mollaghan v. Varnell, 105 So.3d 291 (Miss. 2012), cert. denied 134 S.Ct. 63, 187 L.Ed.2d 27 (2013), Obtained reversal of denial of JNOV in favor of assistant athletic director on claims of sexual harassment and affirmed JNOV in favor of assistant athletic director on claims of gender discrimination, retaliation, due process violations and breach of contract.

Cawthon v. Dolgencorp, LLC, 2011 U.S. Dist. LEXIS 22019 (S.D. Ala. 2011), Obtained summary judgment in favor of retail client on plaintiff’s premises liability claim where plaintiff could not establish what caused his fall.

Moffett, v. Jones County School District, 2008 U.S. Dist. LEXIS 45560 (S.D.Miss. 2009), Obtained summary judgment in favor of school district concerning claims of violation of the Individuals with Disabilities Education Act (“IDEA”), Section 1983 violations and state law torts, arising out of individual education plan provided to disabled student.

Womack v. Dollar General Corporation, 2008 U.S. Dist. Lexis 27074 (S.D.Miss. 2008), Obtained denial of motion to remand for retail client where employee was fraudulently joined as a defendant.

Watson v. Jones County School District, 2008 U.S. Dist. LEXIS 69800 (S.D.Miss. 2008), Obtained summary judgment in favor of school district, superintendent and principal regarding claims of violation of due process, Section 1981, 1983 and 1985 violations and false arrest claims arising out of discipline of student for fighting.

Banks v. Mitsubishi Motors of American, Inc., 435 F.3d 538 (5th Cir. 2005), Obtained reversal of order denying motion to compel arbitration for credit company and dismissal of claims of multiple plaintiffs, enforcing arbitration agreements entered into by plaintiffs.

McMichael v. Howell, 919 So. 2d 18 (Miss. 2005), Affirmed dismissal of suit in favor of physician client alleging failure to provide informed consent before providing facial laser resurfacing.

Brooks v. Roberts, 882 So.2d 229 (Miss. 2004), Affirmed summary judgment in favor of hospital client due to plaintiff’s continued discovery violations.

Russell v. Williford, 907 So.2d 362 (Miss.App. 2004), Affirmed dismissal of medical negligence suit against physician, finding that claim was barred by the statute of limitations and discovery rule was inapplicable.

Wayne General Hosp. v. Hayes, 868 So.2d 997 (Miss. 2004), Obtained reversal of denial of motion to transfer venue for hospital, affirming that venue is proper for county hospital in county where hospital’s principal offices are located.

Giuffria v. Concannon, 851 So.2d 436 (Miss. Ct. App. 2003), Affirmed dismissal of medical negligence and fraud claims against physician client for failure to provide adequate medical expert testimony.

Tom James Co. v. Hudgins, 261 F.Supp.2d 636 (S.D.Miss. 2003), Obtained judgment in favor of clothing company client against former employer for violation of non-compete agreement and Mississippi Uniform Trade Secrets Act.

Pinnell v. Bates, 836 So.2d 198 (Miss. 2002), Supreme Court clarified test for determining status of individual on another’s premises for purpose of premises liability.

Rush v. Casino Magic Corp., 744 So.2d 761 (Miss. 1999), Affirmed summary judgment in favor of casino client, holding that casino was not a vessel under Federal maritime law, and cocktail waitress was not a seaman.

Matt Miller

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