Sumner Fortenberry is an experienced litigator with a penchant for complex appellate matters. He has authored briefs in cases before numerous state and federal appellate courts, including the Supreme Court of the United States. He also has presented oral argument and served as embedded appellate counsel at trial. Prior to joining Bradley, Sumner clerked for the Hon. Leslie H. Southwick of the Fifth Circuit Court of Appeals.
Sumner maintains a broad trial practice in federal and state court, as well as in arbitration. He has successfully tried cases to resolution in both court and arbitration proceedings. The primary focus of his trial practice is commercial and construction litigation, specifically cases involving breaches of contract and business torts. Sumner also has experience in a wide variety of other substantive areas, including personal injury matters, insurance coverage disputes, shareholder disputes, employment matters, and governmental affairs.
Sumner received his J.D. from the University of Virginia School of Law and his B.A. (summa cum laude) in Political Science from Mississippi State University.
Listed in Mid-South Super Lawyers, "Rising Stars," 2024-2025 Mississippi Bar Leadership Forum, Class of 2025 Vanderlan v. Jackson HMA, No. 3:23-CV-258-DPJ-ASH, 2025 WL 3542123, at *1 (S.D. Miss. Nov. 21, 2025) Successfully secured summary judgment on behalf of a hospital client in retaliation suit under Emergency Medical Treatment and Active Labor Act and False Claims Act. Levine v. B & R Acquisition Partners, LLC, 674 B.R. 838 (N.D.N.Y. 2025) Successfully secured affirmance of bankruptcy court decision on the alternate ground that an attempted after-the-fact ratification of an unauthorized bankruptcy improperly stripped lienholder of valuable property rights. McNair v. Johnson, 143 F.4th 1301 (11th Cir. 2025), denied, No. 25-808, 2026 WL 1203391 (U.S. May 4, 2026) Successfully secured affirmance of district court’s dismissal of Section 1983 lawsuit and clarifying district court’s discretion to do so for litigant’s failure to comply with local rules. First Kuwaiti Gen. Trading & Contracting W.L.L. v. Kellogg Brown & Root Int'l, Inc., 141 F.4th 522 (4th Cir. 2025) Successfully secured affirmance of district court order confirming multimillion-dollar arbitral award and enforcing 9 U.S.C. 12’s statute of limitations against untimely vacatur effort. Land Off. v. Trump, No. 24-40447, 2025 WL 1410414, at *1 (5th Cir. May 15, 2025) Obtained reversal of denial of intervention for multiple government contractors seeking to intervene in an action between state and federal government over Congressional expenditures. Great W. Cas. Co. v. Deepwell Energy Servs., LLC, 2025 WL 542837, 766 F. Supp. 3d 686, 687 (W.D. Tex. 2025) Served as embedded appellate counsel in a jury trial victory for commercial policyholder in high-stakes coverage litigation involving a policy’s “hydrofracking exclusion.” The court entered judgment in the face of post-trial briefing challenging the jury’s verdict. Old Hattiesburg High, L.P. v. Harris Constr. Servs., LLC, 406 So. 3d 12 (Miss. Ct. App. 2024), reh’g denied(Mar. 18, 2025) Secured dismissal of appeal for lack of jurisdiction as an improper appeal from a nonfinal order. Rankin Cnty. v. Mississippi Pub. Serv. Comm’n, 393 So. 3d 1031 (Miss. 2024) Successfully secured affirmance of rate order from Mississippi Public Service Commission on behalf of major utility client. Warren Paving, Inc. v. O'Neal Constructors, LLC, No. 1:24-CV-009-HSO-BWR, 2024 WL 3687088 (S.D. Miss. Aug. 5, 2024) Successfully compelled arbitration against signatory plaintiff and achieved discretionary stay over plaintiff’s related claims against nonsignatory defendant. McInnis Elec. Co. v. Brasfield & Gorrie, LLC, 384 So. 3d 485 (Miss. 2023), denied,144 S. Ct. 2565 (2024) Successfully defended an order granting arbitration in a significant construction dispute between a general contractor and an electrical subcontractor.
