Michael J. Bentley

Partner
Legal Assistant
Tracy Graham
P: 601.592.9910 tgraham@bradley.com
Experience
  • Appellate Litigation
    • TNHYIF REIV Golf LLC v. Forrest County (Miss. Ct. App. 2018)
      Obtained judgment for taxpayer in valuation dispute over multi-family property. In a case of first impression over proper tax valuation of an off campus student-housing complex, successfully reversed a trial court decision that had allowed local taxing authorities to roughly double the owner’s tax liability using a hypothetical valuation model. The Court of Appeals adopted Bradley’s argument that the income-producing property must be taxed based on its actual performance and rendered a judgment for the taxpayer.

      Vann v. City of Southaven, 884 F.3d 307 (5th Cir. 2018)
      Served as lead appellate counsel for city officials and police officers in successful petition for en banc rehearing of decision denying qualified immunity to officer involved in fatal shooting of suspected drug dealer. On rehearing, the federal appeals court reversed its prior decision and ruled that the officer had not violated the suspect’s constitutional rights.

      Lefoldt v. Horne, L.L.P., 853 F.3d 804 (5th Cir. 2017)
      Represented 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 Corporation v. Estate of Robert Lee Rankin Sr. (Miss. 2017)
      Michael helped successfully represent American Optical Corporation (AO) in an appeal of a $14 million jury verdict. A former construction worker filed a complaint in Jefferson County Circuit Court alleging an injury of “lung disease and silica related conditions caused by exposure to respirable crystalline silica” while using respirators that AO manufactured. On appeal, the Mississippi Supreme Court reversed the $14 million jury verdict, vacated the judgment and rendered final judgment as a matter of law in favor of AO.

      Thomas v. Chevron U.S.A., Inc., 212 So. 3d 58 (Miss. 2017)
      Represented 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)
      Represented 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)
      Represented 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 (U.S. Supreme Court 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)
      Represented 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. S. Lavon Evans, et al., 123 So.3d 387 (Miss. 2013)
      Represented international law firm in appeal of $100 million legal malpractice verdict, the largest in Mississippi history, and won complete reversal of damages award.

      Tellus Operating Group, LLC v. Texas Petroleum Investment Co. , 105 So.3d 274 (Miss. 2012)
      Represented Tellus Operating, Mississippi’s largest 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)
      Represented national custom-home manufacturer in interlocutory appeal of order certifying for class action treatment a plaintiffs’ class of homeowners who had signed arbitration agreements.

      MESJ, Inc. v. Mississippi Dep’t of Corrections , 98 So.3d 459 (Miss. 2012)
      Represented advocacy group in appeal of executive agency’s refusal to publish lethal injection rules and procedures under the Mississippi Administrative Procedures Act.

      Double Quick, Inc. v. Lymas , 50 So.3d 292 (Miss. 2010)
      Filed 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)
      Represented 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.

      Delta & Pine Land Co. v. Nationwide Agribusiness, Co. , 530 F.3d 595 (5th Cir. 2008)
      Represented seed producer in appeal of coverage dispute with commercial liability insurer.

  • Commercial Litigation
    • In re Burnham’s Vital Care, Inc. (Miss. Div. of Medicaid 2017)
      Represented specialty pharmacy in successful appeal of insurer’s failure to fully reimburse pharmacy for home-infusion therapy drugs as required by state law.

      Otis Elevator Co. v. Yates & Sons Construction Co., 2016 WL 826731 (N.D. Ala. 2016)
      Represented 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 et al. (Miss. Circuit Ct. 2013)
      Represented 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 (S.D. Miss. 2013)
      Represented surplus lines insurance broker in suit by premium finance company alleging losses due to fraud. Case settled successfully.

      Richard W. Bryan v. Henry D. Burns, et al. (Miss. Chancery Ct. 2012)
      Won summary judgment for family limited partnership (FLP) in challenge by non-partner family members to viability of FLP as an estate planning tool under Mississippi law.

      Battle v. GMAC Mortgage, LLC, (S.D. Miss. 2012)
      Won summary judgment for mortgage lender in debtor’s suit alleging wrongful foreclosure and violations of the Fair Debt Collection Practices Act.

      FL 410 LLC v. Raburn et al. (S.D. Miss. 2011)
      Obtained dismissal of fraud and breach-of-duty claims brought by customer against former officers and directors of bankrupt New Mexico-based corporation.

      Mortgage Electronic Registration Services (MERS) v. Chancery Clerk of Hinds County, Miss. (S.D. Miss. 2011)
      Represented MERS in challenge to chancery clerk’s failure to provide notice of tax sale. Case settled successfully.

      Carothers Construction, Inc. v. E-Builds, LLC (N.D. Fla. 2010)
      Successfully represented general contractor in suit to confirm and collect on arbitration award.

      Oceanografia S.A. de C.V. v. Secunda Marine Services (S.D. Ala. 2010)
      Defended international maritime charter company against wrongful arrest claims.

      Toole v. Illinois Attorney Disciplinary Comm., et al. (S.D. Miss. 2010)
      Obtained dismissal of claims that attorney disciplinary body negligently failed to prevent out-of-state attorney from committing malpractice.

      Wells Fargo Bank, N.A. v. Holaday & Yoder, PLLC, et al. (S.D. Miss. 2010)
      Successfully opposed abstention motion so that bank could continue federal court action against borrowers and guarantors.

      Conerly v. Marshall Durbin Food Corp. (S.D. Miss. 2009)
      Defended trial counsel against subpoena seeking to discover information obtained in interviews with corporation’s former employees.

      Dillard’s v. Lauderdale County, Mississippi (Miss. Circuit Ct. 2009)
      Obtained $2.5 million reduction in appraised value of commercial property in ad valorem tax appeal.

      NDC Healthcare v. Mississippi Department of Information Technology Services (Miss. Chancery Ct. 2009)
      Successfully represented healthcare services provider in action to prevent the release of bid proposal containing confidential and proprietary software descriptions.

      Watson Quality Ford, Inc. v. CFF Sales & Leasing, et al. (S.D. Miss. 2009)
      Represented retailer of FedEx delivery vans in dispute over non-conforming goods under the Uniform Commercial Code.

      Wilbourn v. The Equitable Life Assurance Society of the U.S. (Miss. Circuit Ct. 2009)
      Represented insurer in vanishing premiums lawsuit. Case was settled successfully.

      Jackson v. Balboa Insurance Company, 590 F.Supp.2d 825 (S.D. Miss. 2008)
      Successfully removed and obtained dismissal of claims against mortgage lender in insurance coverage dispute.