Firm Highlights

General Firm News

    • The Best Lawyers in America 2014 edition recognized in the fields of expertise: Ron Peresich (Commercial Litigation), Stephen Peresich (Insurance Law and Medical Malpractice - Defense), Henry Dick (Corporate and Taxation) and David Allen (Land Use & Zoning and Real Estate).
    • December 2013 - Med mal lawyers, Stephen Peresich and Lauren McCrory won Daubert –type summary judgment for orthopedic surgeon challenging plaintiffs experts failure to render medical causation opinions. Appeal is pending.
    • August 2013- Ron Peresich, Jr. and Lauren McCrory obtained a defense verdict in a Federal trial where Plaintiff alleged that a Defendant police officer acted with reckless disregard under the Mississippi Tort Claims Act by causing a serious automobile accident on the interstate.  Plaintiff also alleged that the Defendants conspired with other officers to avoid liability for causing the accident.  Plaintiff had serious back, neck, leg, hand and foot injuries for which he underwent surgery.  Plaintiff’s treating physicians testified that the accident caused all of Plaintiff’s injuries.  However, upon cross-examination, Plaintiff admitted that he had pre-existing injuries to the same or similar areas of his body from a previous accident, and that he failed to advise his treating physicians of his pre-existing injuries.  The trial judge found that Plaintiff’s version of the accident, which was supported by an independent witness, was not credible. Prior to trial, summary judgment was obtained for the defense of three Defendants based upon a lack of proof to support Plaintiff’s malicious prosecution, abuse of process, conspiracy and Section 42 U.S.C. § 1983 claims.
    • The Best Lawyers in America 2012 edition recognized Ron Peresich (Commercial Litigation), Stephen Peresich (Insurance Law and Medical Malpractice – Defense), Henry Dick (Corporate and Taxation) and David Allen (Land Use & Zoning and Real Estate).
    • August 2011 - The Board of Trustees of Biloxi Regional Medical Center has appointed Stephen G. Peresich as Board Attorney.
    • Dec.2010 - Medical defense lawyers, Stephen G. Peresich, Sr. and Johanna McMillan, won a significant appeal decision from the MS. Supreme Court for local physician reinstating the trial judges grant of a motion to dismiss for failure to prosecute where the S.Ct. made clear that delay alone may suffice to warrant dismissal ( 435 days) for failure to timely prosecute a case and that prejudice to the defendant may be presumed from the delay. See opinion attached.
    • March 2010- Stephen Peresich Sr., assisted by Mary Van Slyke, presented "Professional Behavior in the Workplace" for the annual Biloxi Regional Medical Center Medical Staff training seminar, covering workplace harassment claims against medical facilities and doctors, state law claims, recent verdicts, Title VII claims, practice tips and preventive methods on how to avoid claims.
    • In January, Katharine McKee Surkin, with the help of her Women and the Law MS Bar YLD committee, edited the third edition of "A Guide to Women’s Legal Rights in Mississippi." The book consists of twelve chapters exploring a variety of issues women struggle with daily. Some of the topics included in the publication are domestic relations, education, employment, health, housing and finances. The committee will donate over 500 of the manuals to Mississippi public libraries and to community service organizations such as women’s and children’s shelters, United Way agencies, victim-witness coordinators, and rape and domestic violence centers. The MS Commission on the Status of Women’s Forum on Legal Issues Impacting Women: Divorce, Child Support, Child Custody & Domestic Violence asked that this manual be used in conjunction with several forums they will be conducting across the state. Several hundred manuals were distributed at their first forum held in Meridian on January 12, 2010.
    • The Board of Trustees of the Mississippi Bar Foundation has selected Katharine McKee Surkin to receive the Foundation’s 2010 Law-Related Public Education Award in recognition for her work with the Young Lawyer’s Division of the MS Bar’s High School Mock Trial Competition and the Guide to Women’s Legal Rights in Mississippi manual. The award will be presented at The Mississippi Bar Foundation Annual Dinner Meeting and Fellows Induction Ceremony at the Old Capitol Inn on April 15.
    • Page, Mannino has been asked to represent a multinational corporate defendant in the putative class action lawsuit styled Comers, et al. v. Murphy Oil, et al., in which residents and property owners along the Mississippi Gulf Coast allege that the various defendants’ emissions of greenhouse gases have contributed to global warming that, in turn, caused a rise in sea levels and water temperature that added to the ferocity of Hurricane Katrina, thereby causing damage to plaintiffs’ property. Ron Peresich, the firm’s managing partner, is the lead attorney for the defense.
    • On May 28, 2009, Tere R. Steel and Stopher Haug presented a seminar entitled "Business Strategies to Prepare for the Employee Free Choice Act"
    • On May 6, 2009, Michelle Smith was selected to serve a five-year term on the Ocean Springs, Mississippi, School Board following approval by the Ocean Springs Board of Aldermen.
    • On February 18, 2009, Senior and Founding Member Lyle M. Page celebrated the 55th anniversary of his practice of law.

  • Cowles Symmes and Stopher Haug became members of the Mississippi Defense Lawyers Association
  • Page, Mannino welcomed Stopher Haug and Lauren Reeder as associates in the firm's Biloxi office in August 2008.
  • Page, Mannino announced the opening of the firm's Gulfport Office in August 2008.

Banking and Mortgage Law

  • On June 4, 2009, Nathan L. Prescott obtained an Order of Dismissal in the United States District Court, Southern District of Mississippi, dismissing plaintiff’s complaint for $7,000,000.00 against president of local bank.
  • Ronald G. Peresich and Gina Bardwell Tompkins defended a Mississippi bank in 16 cases filed in state and federal court alleging various lender liability and RICO claims. After the defense won the first three cases, the remaining cases were all resolved for nuisance value and are all dismissed

Governmental Entity Law

  • August 2011 - Stephen Peresich and Johanna McMullan successfully obtain Mississippi Supreme Court ruling upholding court of appeals decision for the Mississippi Forestry Commission, finding it's employee did not act with reckless disregard when causing an accident while pulling onto highway on a foggy morning.
  • Stephen Peresich, Sr. obtained summary judgment for state agency based on the immunity provisions of the Mississippi Emergency Management Act and the Mississippi Tort Claims Act.
    02-23-09 MEMA Brief in Support of Motion for Summary Judgment

Insurance Defense and Medical Malpractice Defense

  • December 2013 - Med mal lawyers, Stephen Peresich and Lauren McCrory won Daubert –type summary judgment for orthopedic surgeon challenging plaintiffs experts failure to render medical causation opinions. Appeal to the Mississippi Supreme Court is pending.
  • September 2013- Med Mal defense lawyers Stephen Peresich, Johanna McMullan and Lauren McCrory successfully defended an ophthalmologist when the Court of Appeals affirmed a dismissal with prejudice based on Plaintiffs failure to prosecute and inadequate discovery disclosures. See attached opinion.
  • August 2013- Stephen Peresich has been recognized by The Best Lawyers in America 2014 edition in the fields of Insurance Law and Medical Malpractice Defense, for the third year in a row.
  • August 2013 – On Day 2 of the trial, medical malpractice defense lawyers Stephen G. Peresich and Mary Van Slyke were granted a mistrial and then a dismissal with prejudice for an orthopedic surgeon, challenging the inadequacy of plaintiff’s experts opinions on alleged standard of care violations.
  • August 2011- Stephen Peresich and Mary VanSlyke win dismissal of a shoulder dystocia case for obgyn physician where patient alleged negligence in performing the McRoberts maneuver during labor and delivery.
  • Dec.2010 - Medical defense lawyers, Stephen G. Peresich, Sr. and Johanna McMillan, won a significant appeal decision from the MS. Supreme Court for local physician reinstating the trial judges grant of a motion to dismiss for failure to prosecute where the S.Ct. made clear that delay alone may suffice to warrant dismissal ( 435 days) for failure to timely prosecute a case and that prejudice to the defendant may be presumed from the delay..
  • May 2010: Insurance defense attorneys Stephen Peresich and Mary VanSlyke successfully defended at trial a client who had admitted liability for causing an accident but who denied being the cause of the Plaintiff’s L5-S1 disk herniation and back surgery. Through effective cross examination of the treating neurosurgeon and two chiropractors, and after presenting testimony from the defense's orthopedic surgeon, the jury verdict was nominal.
  • Feb 2010. Page, Mannino’s medical defense lawyer, Stephen Peresich, Sr., successfully defended a board certified neonatologist in a brain damaged impaired infant case where the Plaintiff alleged inappropriate treatment of intracranial pressures, excessive spinal taps, and failure to timely transfer for shunting. Using a dream team of defense experts and aggressive strategy requiring the Plaintiffs to disclose supporting expert opinions, the Plaintiffs were forced to concede that any alleged causation was inconclusive. A final Judgment of Dismissal with Prejudice was recently entered.
  • December 2009 - Stephen Peresich, Sr. obtained a voluntary dismissal with prejudice for a defendant cardiovascular surgeon in an alleged failure to timely diagnose and treat a patient with coronary artery disease involving an off–pump heart bypass surgery.
  • On November 24, 2009, Michael Whitehead obtained a summary judgment in the United States District Court for the Southern District of Mississippi in favor of an insurance company that issued flood insurance pursuant to the National Flood Insurance Program. The plaintiff, an individual homeowner, had sued the insurer alleging bad faith failure to pay property damage claims that he submitted after Hurricane Katrina. The insurer had denied the claims on the grounds that the NFIP required an insured to submit a timely, sworn proof of loss. The Plaintiff asserted that the insurer was estopped from asserting the proof of loss defense by virtue of a FEMA post-Katrina directive. In granting summary judgment, the District Court held that the proof of loss deadline was mandatory, that it could not be waived by an insurer or its agents, or anyone other than the Federal Insurance Administrator, and that an insured cannot assert estoppel when seeking public funds through programs such as the NFIP.
  • Mississippi Supreme Court affirmed the directed verdict obtained by Stephen Peresich, Sr. in his defense of a physician accused of causing patient with benign brain tumor of improperly receiving radiation.
  • Stephen Peresich, Sr. obtained dismissal on behalf of hospital client for lack of prosecution in a bilateral amputation and wrongful death case.
    02-13-09 Pearson - Judgment of Dismissal
  • Ron Peresich, Randi Mueller and Johanna McMullan obtain dismissals in two potential class actions against an attorney and his law firm.

Mass Torts, Toxic Torts, and Environmental Litigation

  • Michael Whitehead seeks dismissal of asbestos claims in the United States District Court for the Eastern District of Pennsylvania, MDL 875.
  • Ron Peresich, Jr. obtained several thousand orders of dismissal for manufacturers of mud drilling equipment and abrasive equipment in asbestos litigation.
  • Mississippi Supreme Court affirms summary judgment obtained by Ron Peresich, Mark Edwards, Randi Mueller and Johanna McMullan representing a manufacturer of abrasive blasting equipment in wrongful death suit related to silica exposure
  • Ron Peresich, Mark Edwards, Randi Mueller and Katharine Surkin obtain thousands of dismissals for numerous clients in cases alleging injuries caused by silica exposure

Products Liability

  • In July, August, and September 2009, Cowles Symmes and Lauren Reeder obtained numerous dismissals on behalf of clients in product manufacturing and supplier law suits.
  • Randi Mueller and Katharine McKee Surkin successfully obtained dismissals in 30 Alabama asbestos cases brought by 400 plaintiffs against a furnace manufacturer based on arguments involving statutes of limitation, failure to comply with administrative orders, failure to timely substitute proper parties, and other grounds.
  • Randi Mueller and Katharine McKee Surkin successfully obtained dismissals for 480 welding rod cases presently pending in MDL 1535 on behalf of a distributor defendant based on insufficient evidence and lack of product identification.

Public Policy and Legislation

  • Ron Peresich worked with the Gulf Coast Business Council, the Mississippi legislature, and the Lieutenant Governor on the passage of legislation providing tax credits to casinos for expenditures on non-gaming related projects which was recently signed into law by the Governor.
  • Ron Peresich works with the Gulf Coast Business Council, the Mississippi legislature and the Lieutenant Governor to increase the available money in the Mississippi Wind Pool to reduce insurance rates.

Real Estate Transactions and Litigation

  • December 2008:  Michael McDermott and Les Smith win an appeal concerning a $5,000,000 land sale contract in the Mississippi Court of Appeals.
    12-16-08 MS Supreme Court Opinion in Point South
  • Nathan Prescott successfully prevented foreclosure upon numerous commercial properties using protections afforded by legislation passed in response to Hurricane Katrina.
  • Nathan Prescott successfully defended and negotiated settlement of suit to enforce right of first refusal and commercial lease regarding property damaged by Hurricane Katrina.

Estate and Probate

  • Nathan Prescott successfully defended matter at trial in which the Court established that powers of trustee and powers of conservator should vest or remain vested in client of firm.

Recent Bond Closings

  • May 2009:  Henry N. Dick, III served as bond counsel in connection with the issuance of $9,500,000 in Mississippi Development Bank Special Obligation Bonds, Series 2009 for the Gulfport, Mississippi Combined Water and Sewer System Project
  • May 2009:  Henry N. Dick, III served as bond counsel in connection with the issuance of $10,710,000 in Mississippi Development Bank Special Obligation Bonds, Series 2009 Ocean Springs, Mississippi Public Safety and Recreational Facilities Project
  • March, 2009:  Henry N. Dick, III and Mandy Beard represented financial institution issuing the letter of credit in connection with the issuance of over 10 million dollars of  Mississippi Business Finance Corporation Taxable Variable Rate Demand Revenue Bonds.
  • December, 2008:  Henry N. Dick, III and Mandy Beard represented financial institution issuing the letter of credit, in connection with the issuance of over 20 million dollars of Mississippi Business Finance Corporation Tax-Exempt Variable Rate Demand Revenue Bonds.
  • July, 2008:  Henry N. Dick, III and Mandy Beard represented financial institution issuing the letter of credit in connection with the issuance of four million dollars of State of Mississippi General Obligation Bonds related to the Mississippi Small Enterprise Development Finance Act.
  • April, 2008: Henry N. Dick, III and Mandy Beard represented financial institution issuing the letter of credit in connection with the issuance of over seven million dollars of Mississippi Business Finance Corporation Variable Rate Demand Revenue Bonds.
  • January, 2008:  Henry N. Dick, III and Mandy Beard represented financial institution issuing the letter of credit in connection with the issuance of three million dollars of State of Mississippi General Obligation Bonds related to the Mississippi Small Enterprise Development Act.
  • January, 2008:  Henry N. Dick, III and Mandy Beard represented a private company  in connection with the issuance of nearly two million dollars of State of Mississippi General Obligation Bonds related to the Mississippi Small Enterprise Development Finance Act.

Commercial Litigation

  • May 2010: Michael Whitehead successfully defended a local Gulf Coast casino and resort in an arbitration proceeding in which the claimant sought damages for breach of contract arising out of a 2009 fishing tournament
  • In August 2009, Cowles Symmes and Mary Van Slyke successfully mediated a premises liability case involving allegations of significant injuries to the plaintiff.
  • Cowles Symmes obtained dismissal as sanctions in premises liability action in state court action brought against local business client.
  • Nathan Prescott filed suit to dissolve corporation and successfully orchestrated buy-out of minority shareholders in presence of alleged corporate oppression.
  • Cowles Symmes obtained summary judgment for local business client in a negligence/negligence per se/premises liability action in federal court, particularly arguing against medical causation and a self-serving affidavit in opposition
  • Cowles Symmes obtain summary judgment on a premises liability claim in Paula Callender vs. Imperial Palace of Mississippi, LLC, 2008 WL 4372739 (S.D.Miss.2008).

Corporate Law

  • Michael McDermott, Tere Steel, and Henry Dick assist with the formation of a parent and subsidiary companies for purpose of developing university specific, ESPN affiliated, sports news websites, as well as ancillary employment, intellectual property, and revenue sharing matters.
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