Margaret Oertling Cupples

American Bar Foundation, Fellow Junior League of Jackson, Amalie Fair Robinson Sustainer of the Year Award, 2023 Goodwill Salute: Outstanding Volunteer Award, 2022 Martindale-Hubbell® AV Preeminent Rated Mississippi Bar Association, Susie Blue Buchanan Award, 2022 Mississippi Bar Foundation, Fellow Listed in Benchmark Litigation "Local Litigation Star," Mississippi, 2014-2021 "Future Star," Mississippi, 2013 "Top 250 Business Women in Litigation," 2012 "Litigation Star," 2023-2024 Listed in The Best Lawyers in America® "Lawyer of the Year," Jackson, Product Liability Litigation – Defendants, 2022  Appellate Practice, 2007-2014, 2016-2025 Bet-the-Company Litigation, 2019-2025 Product Liability Litigation – Defendants, 2014, 2016-2025 Listed in Chambers USA Litigation: Appellate, 2021-2024 Litigation: General Commercial, 2023-2024 Listed in Mid-South Super Lawyers Appellate, 2019-2024 Top Rated Appellate Lawyers, 2019-2021 Listed in Mississippi Business Journal "Leader in Law," 2016 "50 Leading Business Women," 2010 "Mississippi’s Top CEOs," 2020 Worked on cases at the pretrial, trial and appellate stages in litigation across the country, including in Mississippi, California, Kentucky, West Virginia, Illinois, and Minnesota. Represent clients in products liability and toxic tort cases, as well as in the financial services industry. Adams v. 3M Company, 65 F.4th 802 (6th Cir. 2023) This appeal involved two mass tort cases, each permissively joining the claims of more than 100 plaintiffs and seeking a singular jury trial and judgment. Following removal under the Class Action Fairness Act (CAFA), the district court remanded to state court, and 3M then obtained leave to appeal. Rejecting the district court’s approach and adopting our position as circuit law, the Sixth Circuit held that a mass action permissively joining the claims of more than 100 plaintiffs is presumptively removable under CAFA. Further rejecting the plaintiffs’ local-controversy argument, the Sixth Circuit held the cases should proceed in federal court. Thomas v. Reeves, 2021 WL 517038 (S.D. Miss. Feb. 11, 2021) Authored affidavit that was cited by district court repeatedly in approving attorney’s fee request in a voting rights case. Murray v. 3M Co., 297 F. Supp. 3d 869 (E.D. Ark. 2018) Successfully argued that a plaintiff’s claim against client should be dismissed because he had failed to declare the claim as an asset in his bankruptcy filings. Westford Asset Management, LLC v. Batson & Brown, Inc., 183 So. 3d 894 (Miss. Ct. App. 2015) Our client purchased property at a foreclosure sale; a construction lienholder claimed the property was purchased subject to its lien. The Court of Appeals held that our client had acquired clear title, free of the lien, and reversed and rendered the trial court’s judgment to the contrary. Bryant v. 3M Co., 78 F. Supp. 3d 626 (S.D. Miss. 2015) Filed a Daubert motion on behalf of 3M to exclude plaintiffs’ primary expert witness. The district court granted the motion, finding the expert’s opinions were unreliable. Baker & McKenzie, LLP v. Evans, 123 So. 3d 387 (Miss. 2013) A jury awarded more than $100 million in damages and attorneys’ fees against Baker & McKenzie in a legal malpractice case. Obtained reversal of that verdict and a remand for a new trial on proximate cause and damages. Boggs v. 3M Co., et al., 527 Fed. Appx. 415 (6th Cir. May 31, 2013) The Sixth Circuit affirmed summary judgment for 3M, based on the statute of limitations. Plaintiffs had claimed the statue was tolled because their lung cancer claims should “relate back” to an earlier complaint. The Sixth Circuit agreed with the trial court (and with our briefing), concluding that because the earlier complaint itself was untimely, the amendment could not “relate back.” The Sherwin-Williams Co. v. Gaines, 75 So. 3d 41 (Miss. 2011) After plaintiff was awarded $7 million by a jury in this lead-paint exposure case, we were retained to appeal the verdict to the Mississippi Supreme Court. The court (en banc) reversed a $7 million verdict for the plaintiff and rendered judgment in favor of Sherwin-Williams, finding that the plaintiff had failed to prove his brain injury was caused by ingestion of Sherwin-Williams’s lead-based paint because his experts’ testimony – the plaintiff’s only evidence on causation – should not have been admitted. 3M Co. v. Glass, 917 So. 2d 90 (Miss. 2005) Successfully argued that the claims of 15 mass-tort plaintiffs were improperly joined, and that Mississippi’s joinder rules required that the claims be severed for separate trials. The Mississippi Supreme Court remanded the consolidated cases to the trial court with instructions to require each plaintiff to file amended complaints that specified claims against each defendant, and that established whether venue was proper in the trial court. Georgia-Pacific Corp. v. Mooney, 909 So. 2d 1081 (Miss. 2005) Property owners sued Georgia-Pacific for toxic trespass and other claims after the company allegedly dumped wood waste on their property. The circuit court transferred the case to chancery court; succeeded in reversing that transfer after two petitions for interlocutory appeal. 3M Co. v. Johnson, 895 So. 2d 151 (Miss. 2005) After six plaintiffs were awarded $125 million in an asbestos case, we were retained for the appeal. The Mississippi Supreme Court held that the plaintiffs’ claims were improperly joined, and that they had not presented sufficient evidence to support the damages award. The Supreme Court reversed, and rendered judgment in favor of 3M. Titan Indemnity Co. v. Hood, 895 So. 2d 138 (Miss. 2004) The Mississippi Supreme Court reversed an $82 million jury verdict against our client, in a breach of contract and agency agreement suit. Our briefing focused on a forum selection clause in the contract, which required that the case be brought in Texas. The court held that the clause was binding and enforceable. Hewes v. Langston,853 So. 2d 1237 (Miss. 2003) In an interlocutory appeal from a trial court order requiring the production of our client’s privileged documents, the Mississippi Supreme Court acknowledged that the case was one in which “Humpty-Dumpty could not be put back together again” if the court had not granted an interlocutory appeal. The court held that all the documents were privileged or confidential, and reversed the trial court’s decision. Herrington v. Leaf River Forest Products, Inc.,733 So. 2d 774 (Miss. 1999); Prescott v. Leaf River Forest Products, Inc., 740 So. 2d 301 (Miss. 1999) Won summary judgment for the defendants in a series of cases where plaintiffs claimed that a pulp and paper mill had discharged dioxins into the river system of South Mississippi, and successfully protected those judgments on appeal to the Mississippi Supreme Court. The cases were landmark decisions on the standard of proof a plaintiff must present to survive summary judgment, and on causation in toxic tort cases. Taylor v. Union Planters Bank, 964 F. Supp. 1120 (S.D. Miss. 1997) The court granted motion to dismiss truth-in-lending claims against the client because daily overdraft fees were not finance charges that TILA required to be disclosed. Mask and respirator litigation Legal writing and other litigation work defending 3M Company’s masks and respirators. These products liability cases are brought by plaintiffs alleging injury from exposure to asbestos, silica, or coal dust, in jobs where they say they used 3M respiratory protection products. Bad faith, business tort, and fidelity bond litigation Bad faith, business tort, and fidelity bond litigation for the Progressive Insurance Companies. This litigation included direct-action claims by policyholders; tortious interference, defamation, and other business tort claims by companies providing services to Progressive policyholders; and claims arising under officer and employee fidelity bonds issued to banks by Progressive. Condere v. Pirelli Tire Defended against indemnification claims in a bankruptcy adversary proceeding relating to groundwater contamination claims at an industrial facility. Life insurance policy litigation "Vanishing-premium" life insurance policy litigation for Jackson National Life Insurance Company and other financial services companies arising from claims by policyholders who alleged point-of-sale fraud in sales of life insurance policies and other investment vehicles. Dioxin litigation for Georgia-Pacific Corporation Dioxin litigation for Georgia-Pacific Corporation in claims brought by residents of South Mississippi who alleged personal injury and property contamination from operations of pulp and paper mill.