John P. Martin has extensive experience litigating numerous cases from the pretrial stage through trial and appeal before state and federal courts. He has a broad representative history in areas of civil and commercial litigation, civil appeals, insurance coverage disputes, municipal law (including municipal annexation/incorporation proceedings), construction law (including defect litigation and representation of contractors in bid proceedings), title confirmation suits, and other diverse areas of practice. John applies this experience to creative and focused resolution of his clients' needs.

Representative Experience:

 Appellate Practice

  • Successfully represented Mississippi municipality in appeal resulting in Mississippi Supreme Court opinion finding that Mississippi Public Service Commission lacked jurisdiction over municipally-owned gas pipeline (see opinion);
  • Successfully represented private landowner in appeal resulting in Mississippi Court of Appeals decision affirming trial judgment in favor of client defending against boundary line/prescriptive easement claims (see opinion);
  • Successfully represented defendant in appeal resulting in Mississippi Court of Appeals decision ordering resentencing hearing in civil post-conviction relief action (see opinion);
  • Successfully briefed appeal resulting in Dallas Court of Appeals opinion upholding denial of motion to compel arbitration filed in District Court of Collin County, Texas (see opinion);
  • Presented oral argument before Mississippi Court of Appeals in case involving additional insured coverage issues for homebuilding general contractor related to subcontractor’s commercial general liability (CGL) policy (see opinion).

 

 Trial Practice

  • Lead counsel in significant consolidated municipal incorporation and annexation trial spanning several weeks in Chancery Court of Madison County, MS;
  • Successfully represented New Orleans-based waste services operator as independent counsel in obtaining insurance coverage for third-party tort suit filed in Hinds County, MS claiming in excess of $8 million in damages;
  • Lead counsel in state court jury trial resulting in verdict against defendant in breach of contract case in County Court of Madison County, MS;
  • Lead counsel in federal jury trial representing employer in Title VII civil rights case in Federal Court for the Southern District of Mississippi;
  • Lead counsel in Mississippi chancery court trial representing business partner in successful suit against co-owner for partition of real estate;
  • Lead counsel in Mississippi county court trial successfully defending appeal filed by tenants against landowner;
  • Trial co-counsel in jury trial representing homebuilder in foundation defect case in the Circuit Court of Madison County, Mississippi;
  • Obtained summary judgment against commercial auto insurer on duty to defend in the United States District Court for the Northern District of Texas;
  • Oral argument at numerous motions hearings, including for and against summary judgment;
  • Experience taking and defending numerous depositions;
  • Preparation and drafting of various briefs, motions, pleadings and other memoranda.

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