Mary Clay W. Morgan

  • General Experience
    • Ducksworth v. Wesley Health Systems, No. 2:14cv134 (S.D. Miss. 2015)
      Obtained summary judgment on all claims in favor of Wesley Health Systems in Title VII race discrimination and retaliation case.

      Morton v. Cooper Tire & Rubber Co., No. 1:12cv28-A-S (N.D. Miss 2013)
      Lead attorney in jury trial of Americans with Disabilities Act case. After a three-day trial, the jury returned a defense verdict for our client on all claims.

      Parker v. Cooper Tire & Rubber Company, 2012 WL 2376658 (N.D. Miss. 2012), affirmed 546 Fed. Appx. 522 (5th Cir. 2014), cert. denied - S. Ct. --, 2014 WL 2919321 (October 6, 2014)
      Obtained summary judgment in favor of Cooper Tire & Rubber Company on all claims. Plaintiff alleged his termination was retaliatory under ERISA Section 510 and the FMLA, and also claimed he was discriminated against in violation of the Americans with Disabilities Act. The plaintiff appealed, and after briefing and oral argument, the Fifth Circuit affirmed summary judgment in our client’s favor. Plaintiff’s petition for writ of certiorari in the United States Supreme Court was denied.

      National Western Life Insurance Co. v. Dunn, 117 So. 3d 670 (Miss. Ct. App. 2013)
      Secured reversal of trial court order enforcing settlement agreement on terms advanced by plaintiff in dispute arising out of agreement reached at mediation. After briefing and oral argument, the Mississippi Court of Appeals reversed the trial court's ruling.

      Wood v. Cooper Tire and Rubber Company, No. CV10-096 (Lee County, Miss. Circuit Court)
      Obtained summary judgment on all plaintiff’s claims in premises liability case brought by employee of independent contractor.

      White, et al. v. Nelson, et al., CI-2008-0125 (Madison County, Miss. Circuit Court)
      Represented attorney in claims of legal malpractice, breach of fiduciary duty and fraud. After a four-day trial, the jury returned a defense verdict for our client on all claims.

      Harrison v. Tyson Breeders, Inc., 91 So. 3d 41 (Miss. Ct. App. 2011)
      Represented poultry company in claims of breach of contract, fraud and negligence arising out of termination of former chicken grower. After a four-day trial in 2009, achieved a defense verdict for client on all tort claims, and a minimal damage award on the contract claim. After a cross-appeal, the Mississippi Court of Appeals affirmed the jury’s verdict in client’s favor on the tort claims, and reversed the damage award on the contract claims. Plaintiff filed a motion for rehearing and petition for writ of certiorari, both of which were denied.

      Marble v. Diviney Construction Co., 60 So. 3d 797 (Miss. 2011)
      Obtained reversal of $2.5 million jury verdict against Deviney Construction Company in the Mississippi Supreme Court.

      Padgett v. Oktibbeha Educational Foundation, 2010 WL 3328315 (N.D. Miss. 2010).
      Obtained summary judgment on Title VII gender discrimination claim brought by male teacher against school. The school terminated the teacher for violating its sexual harassment policy, and the teacher claimed the sexual harassment charge was a pretext for gender discrimination. The district court granted summary judgment, holding that the plaintiff had failed to rebut the school’s evidence it acted in good faith in its termination decision.

      McLane Services, Inc. v. Alstom Power Inc. (S.D. Miss. 2006)
      Obtained jury verdict of more than $800,000 for refractory subcontractor. After a three-day trial, the jury found that the defendant, a fellow contractor on power plant project, committed promissory fraud.

      Webb v. Central Industries, et al. (Circuit Court of Leake County, Miss. 2008)
      Obtained summary judgment for poultry company in environmental contamination case. Client was sued as the alter ego of a rendering plant in which it was a shareholder.

      Mask and respirator litigation
      Mask and respirator litigation for 3M Company in products-liability cases brought by plaintiffs alleging injury from exposure to asbestos, silica, or coal dust in connection with their claimed use of 3M respiratory protection products.

      BancorpSouth v. BankPlus, et al.
      Represented the plaintiff in this significant dispute between two banks arising out of alleged breaches of non-compete and non-solicitation contracts and tortious interference.