Michael J. Bentley

Representative Experience
  • Appellate Litigation
    • 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)
      Represented the governor of Mississippi in successful appeal affirming governor’s power to exercise line-item veto on appropriations bill and limiting legislators standing to challenge gubernatorial vetoes.

      Mullennix v. Menard236 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 regional 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 alleging principal disbursements in violation of trust terms, and assisted in negotiation of settlement 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 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, which was settled after briefing in Supreme Court

      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 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.

      Otis Elevator Co. v. W.G. Yates & Sons Construction Co., 589 Fed. Appx. 953 (11th Cir. 2014)
      Successfully represented general contractor in 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.

      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 such verdict in Mississippi history.

  • General and Commercial Litigation
    • Heritage-Cyrstal Clean, LLC v. Grigsby, 3:20-cv-145 (S.D. Miss. 2021)
      Represented environmental services company in suit to enforce non-compete agreement with former branch manager who joined competitor company.

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

      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.