Frey

Bob is AV-rated by Martindale-Hubbell®. In over thirty years of commercial litigation and appellate work, he has developed special interests in written advocacy and insurer-insured rights and responsibilities.

• Commercial Litigation
• Appellate & Written Advocacy

In over 30 years of commercial litigation and appellate work, Bob has developed special interests in written advocacy, insurance coverage, and insurer-insured rights and responsibilities. He has obtained multi-million-dollar appellate personal injury victories; has been retained to write amicus briefs; has counseled insurers and insureds; has experience in Tax Court trial; and has developed commercial litigation experience in state and federal trial and appellate courts.

Bob is AV®-Preeminent™ Peer Review rated by Martindale-Hubbell®, and his work has been recognized by The Best Lawyers in America® in both Appellate practice and Commercial Litigation. Bob is a frequent contributor to the Butler Snow BizLitNews Blog.

Mr. Frey obtained his J.D. from Vanderbilt University and is admitted to the State Bars of Texas and Mississippi, the U.S. District Courts Northern and Southern Districts of Mississippi, the Northern, Southern and Western Districts of Texas and the U.S. Court of Appeals for the Fourth and Fifth Circuits.

• Took lead in representing owners of 72 acres in the heart of the State’s premier residential development, evicting hold-over tenant Federal Aviation Administration.  Reunion, Inc. v. United States of America, 90 Fed. Cl. 576 (2009) (striking government’s insufficient defenses, and granting summary judgment on liability for just compensation under the Fifth Amendment); Reunion, Inc. v. F.A.A., 2010 WL 1759562 (S.D. Miss.) (FOIA); Reunion, Inc. v. F.A.A., 719 F.Supp.2d 700 (S.D. Miss. 2010) (APA, Bivens); U.S. v. 73.92 Acres of Land, 2011 WL 3471096 (S.D. Miss.) (motion to compel).
• Took lead in representing Receiver of a Federal Land Bank seeking to rescind sale of 1.8 million acres of mineral rights to sister bank.  Seven-figure settlement reached after one week of State Court bench trial.
• Took lead in representing Estate in Tax Court trial re: valuation of controlling interest in closely-held corporation.  Settlement reached after trial and before ruling from Court reduced multi-million dollar tax deficiency by over 98%.
• Examined all environmental experts in Tax Court trial involving the value of a Mississippi site used for underground atomic bomb tests.  Settlement reached after trial and before ruling from Court transformed multi-million dollar tax deficiency into multi-million dollar tax refund.  
• Thirty - plus years’ commercial litigation experience in State and Federal trial and appellate courts.  ICM America, Inc. v. Leica Geosystems, Inc., 2016 WL 4014604 (E.D. Ark.); Roberts v. Boots Smith Oilfield Services, LLC, 200 So. 3d 1022 (Miss. 2016); Precision Spine, Inc. v. Zavation, LLC, 2016 WL 866965 (S.D. Miss.); Windham v. Mechanics Bank, 2016 WL 129521 (N.D. Miss.);  MCE Automotive, Inc. v. National Casualty Co., 535 Fed. Appx. 303 (4th Cir. 2013); In re Oxford Expositions, LLC., 469 B.R.647 (Bkrtcy. N.D. Miss. 2012) (partial summary judgment on “agreement to agree” claim); In re Oxford Expositions, LLC., 466 B.R.814 (Bkrtcy. N.D. Miss. 2011) (motion to dismiss defamation and related claims); Mississippi Phosphates Corp. v. Furnace and Tube Serv., Inc., 2010 WL 384735 (S.D. Miss.) (lost profits); U-Save Auto Rental of America, Inc. v. Furlo, 608 F. Supp. 3d 718 (S.D. Miss. 2009) (enforcement of arbitration agreement, and resulting arbitration award; federal jurisdiction amount in controversy); Mississippi Phosphates Corp. v. Furnace and Tube Service, Inc., 2009 WL 1448967 (S.D. Miss.) (coverage, under CGL, for lost profits due to construction mishap); Barbour v. State ex rel. Hood, 974 So.2d 232 (Miss. 2008) (dispute between Governor and Attorney General over special election to fill U.S. Senate vacancy); Paint Plus Pro Center v. PPG Architectural Finishes, Inc., 2008 WL 241595 (S.D. Miss.) (good faith and fair dealing; franchise agreement);  H&E Equipment Services, LLC v. Floyd, 959 So.2d 578 (Miss. App. 2007) (heavy equipment lease-purchase dispute);  Sanderson Farms Inc. v. Ballard, 917 So.2d 783 (Miss. 2005) (arbitration, chancery jurisdiction, and venue in poultry growers contract dispute);  U-Save v. Moses, 80 Fed. Appx. 929 (5th Cir. 2003) (trade secrets and non-compete); Toxco, Inc. v. Transchem, LLC, 42 Fed. Appx. 712 (6th Cir. 2002) (breach of contract);  Olexy v. Interstate Assurance Co., 113 F. Supp. 2d 1045 (S.D. Miss. 2000) (Fair Credit Reporting Act);  Baptiste v. Archway Cookies, Inc., 675 So.2d 316 (Miss. 1996) (worker's compensation; statute of limitations); Loe v. Howard, 617 So. 2d 999 (Miss. 1992) (business broker fee dispute); LTV Energy Products Co. v. Chaparral Inspection Co., 827 S.W. 2d 593 (Tex. App.-Hous. [1 Dist.] 1992) (down-hole failure of oil well casing); James Myers & Associates, Inc. v. National Development Co., Inc. 722 S. W. 2d 491 (Tex. App-Dallas 1986) (business broker fee dispute).
• Extensive experience counseling insurers and insureds on duty to defend, duty to indemnify, duty to settle, and related coverage questions.  Lexington Ins. Co. v. Hattiesburg Medical Park Management Corp., 2007 WL 2011288 (S.D. Miss.) (duty to defend, bad faith); Home Ins. Co. v. Mississippi Insurance Guaranty Association, 904 So.2d 95 (Miss. 2004) (declaratory judgment); Booker v. American General Life and Accident Ins. Co., 257 F.Supp.2d 850 (S.D. Miss. 2003) (insurance sales practices); American Bankers Ins. Co. v. Booth, 830 So.2d 1205 (Miss 2002) ("equitable class action" and lender-placed insurance); Gipson v. Fleet Mortg. Group, Inc. 232 F. Supp. 2d 691 (S.D. Miss. 2002) (lender-placed insurance); Reed v. American General Life & Acc. Ins. Co., 192 F.Supp.2d 641 (N.D. Miss. 2002) (insurance sales practices); American Bankers Ins. Co. v. Wells, 819 So.2d 1196 (Miss. 2001) (lender-placed insurance); American Bankers Ins. Co. v. Alexander, 818 So.2d 1073 (Miss. 2001) (lender-placed insurance); Byrd v. Pioneer Life, 214 F.3d 1350 (5th Cir. 2000) (fraudulent joinder of insurance agent); Fulgham v. Woodmen of the World, 212 F.3d 594 (5th Cir. 2000) (fraternal benefit society life insurance); Gulf Guaranty Insurance Co. v. Connecticut General Life Ins. Co., 957 F. Supp. 839 (S.D. Miss. 1997) (arbitration under reinsurance treaty); Equitable Mortgage Corp. v. Mortgage Guaranty Insurance Co., 791 F. Supp. 620 (S.D. Miss 1990) (rescission of mortgage insurance policy for material misrepresentation); Mercantile Nat. Bank at Dallas v. Bradford Trust Co., 850 F.2d 215 (5th Cir. 1988) (declaratory judgment re: lost stock certificate).
• Retained to write amicus briefs in Gunn v. Hughes, 2016 WL 5543647 (Miss.) (amicus brief on behalf of Lt. Govenor); Hyundai Motor v. Applewhite, 53 So.3d 749 (Miss. 2011) (Daubert); Franklin Corp. v. Tedford, 18 So.3d 215 (Miss. 2009) (rejecting substantial certainty test for intentional tort exception to worker’s comp exclusivity rule); Watts v. Radiator Specialty, 990 So.2d 143 (Miss. 2008) (Daubert); Paz v. Brush Engineered Materials, Inc. 2007 WL 14891 (Miss.) (rejecting independent claim for medical monitoring);  Ferrara v. Walters, 919 So.2d 876 (Miss. 2006) (marketable title).
• Multi-million dollar appellate personal injury victories: Boyd v. BNSF R. Co., 2018 WL 6620266 (2018) (affirming $4.5 million FELA verdict); Double Quick, Inc. v. Lymas, 50 So.3d 292 (Miss. 2010) (reversing and rendering $4 million premises liability verdict); Jordan v. Burlington Northern Santa Fe R. Co., 2009 WL 112561 (TN App.) (affirming $4 million FELA verdict); Canadian National/Illinois Central R. Co. v. Hall, 953 So.2d 1084 (Miss. 2007) (affirming $1.5 million FELA verdict).
• Extensive experience assisting heavy equipment, truck, automobile dealers and other retailers in resolving customer disputes prior to litigation.

• Best Lawyers in America®
  • Appellate Practice, 2020-2025
  • Commercial Litigation, 2020-2025
• Martindale-Hubbell®
  • AV®- Preeminent™ Peer Review Rated, 2013-2021

• Mississippi, 1988
• U.S. District Courts
  • Texas: Northern, Southern, Western
  • Mississippi: Northern, Southern
• U.S. Court of Appeals
  • 4th Circuit
  • 5th Circuit

• Vanderbilt University Law School, J.D., 1984
  • Order of the Coif
• Furman University, B.A., cum laude, 1981
  • Blue Key, Omicron Delta Kappa

• Mississippi Bar Association

• Author, "The Appellate Counsel at Trial," DRI's Certworthy, Vol. 16 Iss. 1, February 2014.
• Author, "How to be Your Own Appellate Counsel at Trial," The Mississippi Lawyer, Spring 2013.
• Author, "Dating our Briefs and Opinions ‘1999’ – Bench and Bar Overlook Two Big Changes to the Scope of Discovery," The MDLA Quarterly, Winter 2010.
• Author, "Improper Closing Argument in Civil Trials," The Mississippi Lawyer, July/September 2009.
• Author, "Profile of Hon. Rhesa Hawkins Barksdale," Fifth Circuit U.S. Court of Appeals, Federal Lawyer, January 2008.
• Author, "You Watch Your Phraseology," For the Defense, January 2007.
• Author, "Tell Me a Story!" Certworthy, Winter 2006.
• Author, "The ‘First-to-File’ Rule and Parallel Litigation," Contract Litigation from A to Z, March 2006 seminar.