Michael J. Bentley

Legal Assistant
Ruth Peluso
P: 601.592.9910 rpeluso@bradley.com
Representative Experience
  • Appellate Litigation
    • Express Oil Change, LLC v. Miss. Bd. Of Licensure for Prof’l Engineers & Surveyors, 916 F.3d 483 (5th Cir. 2019)
      Lead counsel in appeal raising constitutional commercial speech challenge to state’s ban on automotive service 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 alleging principal disbursements in violation of trust terms.
      Vann v. City of Southaven, 884 F.3d 307 (5th Cir. 2018)
      Lead appellate counsel in successful petition for en banc rehearing of decision denying qualified immunity to officer involved in fatal shooting of suspected drug dealer.
      TNHYIF REIV Golf LLC v. Forrest Cty., 2018 WL 5801422 (Miss. Ct. App. 2018)
      Lead counsel for multi-family property owner in successful taxpayer appeal challenging county assessor’s use of hypothetical 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)
      Appellate counsel for auditing firm in successful 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)
      Appellate counsel for respirator manufacturer in successful 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)
      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)
      Lead appellate counsel for general contractor in successful 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)
      Lead appellate counsel for policyholder in successful appeal from an adverse insurance-coverage decision. In a case of first impression, the appellate court adopted policyholder’s position that an “insured versus insured” exclusion in a CGL policy does not bar coverage for pass through indemnity claims among insureds.
      Sai v. United States Postal Service, 14-646 (S. Ct. 2014)
      Authored amicus brief on behalf of legal aid associations urging Supreme Court to clarify and protect the privacy rights of individuals proceeding in forma pauperis in federal court.
      Otis Elevator Co. v. W.G. Yates & Sons Construction Co., 589 Fed. Appx. 953 (11th Cir. 2014)
      Appellate counsel for general contractor in successful appeal from a breach of contract judgment, winning reversal of judgment on subcontractor’s failure to seek pre-bid clarification and remand for a new trial on contractor’s damages.   
      Cleveland MHC, LLC v. City of Richland, 163 So. 3d 302 (Miss. Ct. App. 2014)
      Authored amicus brief on commercial property owner’s constitutional right to continue a “non-conforming” use of his property, which was cited and relied upon by appellate court in overturning city’s zoning ordinances.
      Baker & McKenzie, LLP v. Evans, 123 So.3d 387 (Miss. 2013)
      Appellate counsel for international law firm in successful appeal of $100 million legal malpractice verdict, the largest in Mississippi history.
      Tellus Operating Group, LLC v. Texas Petroleum Investment Co., 105 So.3d 274 (Miss. 2012)
      Appellate counsel for oil and gas operator in appeal of defense jury verdict in natural gas conversion and commingling suit seeking over $16 million in lost profits.
      Elliott v. KB Home North Carolina, Inc., 752 S.E.2d 694 (N.C. Ct. App. 2013)
      Appellate counsel for custom-home manufacturer in interlocutory appeal of order certifying for class action treatment a plaintiffs’ class of homeowners who had signed arbitration agreements.
      Double Quick, Inc. v. Lymas, 50 So.3d 292 (Miss. 2010)
      Authored amicus brief on behalf of Mississippi Manufacturers’ Association and other trade groups in support of prevailing party on appeal from premises liability verdict in excess of $4 million.
      McDermott Gulf Operating Co. v. Con-Dive, LLC, 402 Fed. Appx. 514 (11th Cir. 2010)
      Appellate counsel for international oil and gas exploration company in appeal of maritime dispute arising from district court’s vacatur of an attachment and arrest to secure unpaid charter hire.
  • General and Commercial Litigation
    • Dockery v. Hall, No. 3:13-cv-326 (S.D. Miss.)
      Lead trial counsel on healthcare, mental healthcare, and solitary confinement claims in six-week class action trial challenging conditions of confinement at state prison.
      Araujo v. Bryant, 25CH1:16-cv-1008 (Miss. Chan. Ct. 2018)
      Lead counsel for public charter school in suit challenging constitutionality of Mississippi Charter School Act.
      In re Benford, No. 2017-043 (Miss. Dental Board 2018)
      Counsel for dentist in regulatory enforcement proceeding challenging extraction practices.
      AWAI, LLC v. Heritage-Crystal Clean, LLC, No. 3:17-cv-523 (S.D. Miss. 2018)
      Lead counsel for environmental services company in suit alleging breach of lease agreement and environmental contamination.
      In re Burnham’s Vital Care, Inc. (Miss. Div. of Medicaid 2017)
      Counsel for specialty pharmacy in successful administrative appeal of insurer’s failure to fully reimburse pharmacy for home-infusion therapy drugs as required by state law.
      Phillips v. Miss. Power Co., No.113-0082 (Miss. Circuit Ct. 2017)
      Lead trial counsel for pipeline contractor in suit by landowner alleging trespass and false arrest.
      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 Georgia-Pacific in suit alleging commercial property losses exceeding $10 million. Case settled successfully.
      First Trinity Capital Corp. v. Frontline Underwriters, LLC, No. 3:12-cv-308 (S.D. Miss. 2013)
      Counsel for surplus lines insurance broker in suit by premium finance company alleging losses due to fraud.
      Richard W. Bryan v. Henry D. Burns, et al., No. 7-548-P (Miss. Chancery Ct. 2012)
      Trial counsel for family limited partnership (FLP) in challenge by non-partner family members as to viability of FLP as an estate planning tool under Mississippi law.
      Battle v. GMAC Mortgage, LLC, 2011 WL 12465133 (S.D. Miss. 2012)
      Trial counsel for mortgage lender in debtor’s suit alleging wrongful foreclosure and violations of the Fair Debt Collection Practices Act.