Michael J. Bentley

Partner
Representative Experience
  • Appellate Litigation
    • Priceline.com LLC v. Fitch, 376 So. 3d 1185 (Miss. 2023)
      Successfully represented online travel companies in reversing $50 million judgment in appeal presenting novel questions under Mississippi’s sales tax code.

      Pinkston v. Kuiper, 67 F.4th 237 (5th Cir. 2023)
      Successfully represented prison doctor in appeal presenting questions of first impression under the Due Process Clause and Eighth Amendment related to the involuntary medication of inmates.

      U.S. ex rel. Aldridge v. Corp. Mgmt., Inc., 78 F.4th 727 (5th Cir. 2023)
      Lead appellate counsel for critical access hospital in appeal of $34 million False Claims Act verdict based on allegations of Medicare cost-reporting fraud.

      Estate of Glen Hand v. Florida Dep’t of Corrs., 2023 WL 119426 (11th Cir. 2023)
      Lead appellate counsel for correctional healthcare provider in prisoner lawsuit alleging deliberate indifference to prisoner’s medical care.

      SRHS Ambulatory Servs., Inc. v. Pinehaven Group, LLC, 348 So. 3d 295 (Miss. 2022)
      Lead appellate counsel for community hospital system seeking to set aside real estate purchase that was not approved by county board of supervisors.

      VanWagner v. Faulks, 2022 WL 820075 (5th Cir. 2022)
      Successfully represented correctional healthcare provider in Eighth Amendment challenge to treatment of prisoners Hepatitis C infection.

      Henley v. Biloxi H.M.A., LLC, 48 F.4th 350 (5th Cir. 2022)
      Lead counsel for hospital in consumer class-action suit challenging emergency department fees, which was settled favorably after appeal.

      Holliday Construction, LLC v. George County, Miss., 352 So. 3d (Miss. Ct. App. 2022)
      Successfully represented county in suit challenging bid procedure used to award emergency contracts for hurricane debris removal.

      Baker v. Raymond James & Associates, Inc., 312 So. 3d 720 (Miss. 2021)
      Successfully petitioned for certiorari review and obtained reversal of common-law malfeasance claims against securities broker.

      American Tower Asset Sub, LLC v. Marshall Cty., 324 So. 3d 300 (Miss. 2021)
      Successfully represented wireless tower operator in appeal raising issue of first impression regarding trial court’s power to dismiss zoning challenge brought against competitor tower company.

      Reeves v. Gunn, 307 So. 3d 436 (Miss. 2020) (en banc)
      Successfully represented Gov. Tate Reeves of Mississippi in appeal affirming governor’s constitutional power to exercise line-item veto on appropriations bills.

      Mullennix v. Menard, 236 A.3d 171 (Vt. 2020)
      Successfully represented state corrections officials and private healthcare provider in reversing trial court’s certification of a statewide prisoner class challenging Vermont’s medication-assisted treatment program for opioid dependent inmates.

      O’Bryant v. Walgreen Co., 802 Fed. Appx. 826 (5th Cir. 2020)
      Successfully represented store owner in premises liability suit by customer seeking damages for injuries sustained when he was struck by another customer’s car outside of the store.

      Araujo v. Bryant, 283 So. 3d 73 (Miss. 2019)
      Successfully represented charter school in suit establishing constitutionality of Mississippi’s charter school law.

      Express Oil Change, LLC v. Miss. Bd. Of Licensure for Prof’l Engineers & Surveyors, 916 F.3d 483 (5th Cir. 2019)
      Successfully represented automotive services provider in constitutional commercial speech challenge to state’s ban on company’s use of the “Tire Engineers” trade name and service mark.

      Regions Financial Corporation v. Patricia Hall Sheppard, et al., No. 2017-CA-00619-SCT (Miss. S. Ct. 2018)
      Lead counsel in appeal of $6.4 million judgment against bank in breach of trust case, which was settled favorably after oral argument.

      Vann v. City of Southaven, 884 F.3d 307 (5th Cir. 2018)
      Successfully petitioned for en banc rehearing of decision denying qualified immunity to police officer involved in fatal shooting of suspected drug dealer.

      TNHYIF REIV Golf LLC v. Forrest Cty., 275 So. 3d 92 (Miss. Ct. App. 2018)
      Successfully represented multi-family property owner in taxpayer appeal challenging county assessor’s valuation model.

      Chamberlin v. Fisher, 885 F.3d 832 (5th Cir. 2018) (en banc)
      Pro-bono appellate counsel for death row inmate in federal habeas appeal challenging discrimination in jury selection.

      JRA One, LLC v. City of Ridgeland, No. 2016-CA-00079-SCT (Miss. S. Ct. 2017)
      Lead trial and appellate counsel for multi-family property owner in constitutional challenge to zoning ordinance restricting density in residential districts.

      Lefoldt v. Horne, L.L.P., 853 F.3d 804 (5th Cir. 2017)
      Successfully represented auditing firm in appeal in case of first impression regarding public hospital’s authority to enter binding arbitration agreement with its auditor.

      American Optical Corp. v. Estate of Rankin, 227 So. 3d 1062 (Miss. 2017)
      Successfully represented respirator manufacturer in appeal of $14 million jury verdict for worker alleging harmful exposure to silica.

      Thomas v. Chevron U.S.A., Inc., 212 So. 3d 58 (Miss. 2017)
      Lead appellate counsel for premises owner in appeal of case of first impression regarding immunity afforded by statutory employer provision of Mississippi Workers’ Compensation Act to owner who obtains Owner Controlled Insurance Program (OCIP).

      New Orleans Glass Co. v. Roy Anderson Corp., 632 Fed. Appx. 166 (5th Cir. 2015)
      Successfully represented general contractor in appeal from order denying arbitration, obtaining reversal and order compelling arbitration in construction dispute with condominium owners.

      Kinsale Ins. Co. v. Georgia-Pacific LLC, 795 F.3d 452 (5th Cir. 2015)
      Successfully represented policyholder in insurance-coverage case of first impression on application of “insured versus insured” exclusion to pass-through indemnity claims.

      Baker & McKenzie, LLP v. Evans, 123 So.3d 387 (Miss. 2013)
      Successfully represented international law firm in appeal of $100 million legal malpractice verdict, the largest malpractice verdict in Mississippi history.

  • General and Commercial Litigation
    • Brookwood Development, LLC v. City of Ridgeland, Miss., 2023 WL 9188212 (S.D. Miss. 2023)
      Lead counsel for climate-controlled storage facility developer in constitutional challenge to city’s re-zoning and denial of conditional use permit.

      Bosarge v. Edney, 1:22-cv-00233 (S.D. Miss. 2023)
      Represented state health officer in federal constitutional challenge brought by parents seeking religious exemption to Mississippi’s school vaccination law.

      Brown v. Centurion of Delaware, LLC, 1:22-cv-923 (D. Del. 2022)
      Lead counsel for correctional healthcare company and providers in prisoner class-action seeking reinstatement of opioid medications under Eighth Amendment.

      Heritage-Crystal Clean, LLC v. Grigsby, 3:20-cv-145 (S.D. Miss. 2021)
      Represented environmental services company in non-compete litigation.

      Lang v. Cain, 4:20-cv-030 (N.D. Miss. 2020)
      Lead counsel for correctional healthcare company in prisoner class-action challenging adequacy of healthcare and mental healthcare under Eighth Amendment.

      Amos v. Taylor, 4:20-cv-007 (N.D. Miss. 2020)
      Lead counsel for correctional healthcare company and providers in class-action suit challenging treatment of COVID-19 and other conditions of confinement under Eighth Amendment.

      Dockery v. Hall, 443 F. Supp. 3d 726 (S.D. Miss. 2019)
      Lead counsel on healthcare, mental healthcare, and solitary confinement claims in six-week class-action trial challenging conditions of confinement under Eighth Amendment.

      West v. Gobielle, 2:19-cv-081 (D. Vt. 2019)
      Lead counsel for correctional healthcare company in prisoner class-action challenging treatment of Hep-C under Eighth Amendment.

      In re Burnham’s Vital Care, Inc. (Miss. Div. of Medicaid 2017)
      Represented specialty pharmacy in successful appeal seeking reimbursement for home-infusion therapy medication

      Otis Elevator Co. v. Yates & Sons Construction Co., 2016 WL 826731 (N.D. Ala. 2016)
      Trial counsel for general contractor in successful suit for damages and attorneys’ fees following appellate reversal of verdict for subcontractor who installed incorrect escalators.

      Town of Gloster, Miss. v. Georgia-Pacific, LLP, No. 12-cv-066-J (Miss. Circuit Ct. 2013)
      Trial counsel for plywood-plant operator in suit alleging commercial property losses exceeding $10 million.