As a member of the firm’s Products, Catastrophic and Industrial Litigation Group, Lem focuses on product liability law, energy law and energy litigation, personal injury defense, toxic torts, and governmental and municipal liability.
Overview
As a member of the firm’s Products, Catastrophic and Industrial Litigation Group, Lem focuses on product liability law, energy law and energy litigation, personal injury defense, toxic torts, and governmental and municipal liability.
Practice Areas
Industry
About
Lem has defended regional, national, and international corporate clients in cases involving product liability, catastrophic personal injury and industrial accidents, energy litigation, environmental loss and exposure, and commercial claims. He has represented clients in the oil and gas, industrial machinery, aviation and aircraft, recreational vehicle, firearm, and automobile industries in litigation across the U.S. Including in state and federal courts in Washington, New Mexico, Texas, Louisiana, Arkansas, Mississippi, Tennessee, Alabama, Georgia, and South Carolina.
Lem has wide-ranging experience defending product liability cases in in the areas of all-terrain vehicles, firearms, industrial machinery, chemicals, aviation products, and some pharmaceutical products and medical devices.
In addition to product liability litigation and catastrophic incident litigation, Lem routinely represents private correctional institutions and local governments and municipalities in matters involving Constitutional rights. He also represents private energy corporations and insurance companies in commercial litigation and personal injury cases.
He is recognized for his expertise by a variety of publications, including Best Lawyers in America®, Martindale-Hubbell® and Super Lawyers®. He is active in a number of organizations, including Defense Research Institute (DRI), Mississippi Bar, Mississippi Defense Lawyers Association, Product Liability Advisory Council (PLAC) and International Association of Defense Counsel (IADC), among others.
Lem obtained both his J.D., magna cum laude and a B.B.A. in Insurance and Risk Management from University of Mississippi. He is admitted to practice in Mississippi.
Experience
Industrial Accident and Oil and Gas/Energy
- Obtained summary judgment for industrial burner and boiler service company in litigation arising from rubber recycling plant explosion resulting in nineteen burn injury claims (six fatalities). In Re Rouse Polymerics International Litigation, Circuit Court of Warren County, Mississippi (Co-Lead Counsel)
- Represented oil and gas refinery in burn injury lawsuit by contract hauler alleging hot asphalt expelled from refinery equipment causing second and third degree burns to plaintiff’s head, neck and shoulders. Lonnie Tibbs v. Ergon Refining, Circuit Court of Warren County, Mississippi (Lead Counsel)
- Represented corporate defendants in multiple burn injury lawsuits arising from an industrial flash fire accident at a recycling plant in Canada in which plaintiffs suffered second and third degree burns when reactor flashed during a sales demonstration. Leighton Harvey et al. v. Ecolomondo Technologies, Inc. et al., U.S. District Court for the Eastern District of Louisiana
- Represented recycling plant in multiple burn injury lawsuits arising from an industrial flash fire accident at a recycling plant in Canada. Plaintiffs suffered second and third degree burns when reactor flashed during a sales demonstration.
- Represented oil and gas refinery in burn injury lawsuit by contract hauler alleging hot asphalt expelled from refinery equipment causing second and third degree burns to plaintiff’s head, neck and shoulders.
- Represented corporate owner and operator of natural gas refinery against lawsuit by thirty-eight (38) plaintiffs alleging the defendants operated oil wells, gas wells, gas treatment facilities, petroleum production facilities and/or petroleum production disposal facilities and that they have in the past disposed of oilfield waste near the plaintiffs’ homes. Plaintiffs alleged the defendants failed to exercise reasonable care and act as prudent operators, and as a proximate result, hydrogen sulfide periodically escaped from one or more of the defendants’ facilities onto the plaintiffs’ properties causing them to suffer personal injuries.
- Represented oil and gas board regulatory action and related lawsuit by 21 residents of Jasper County, Mississippi alleging emissions from defendant’s oil well and related tank battery migrated to the plaintiffs’ property causing personal injury and property damage.
- Represented corporate owner and operator of natural gas treatment plant against civil claim filed by vacuum truck driver for alleged personal injuries arising from exposure to hydrogen sulfide gas.
- Prosecuted action against landowner who was excavating gravel and operating bulldozers and other excavating equipment over natural gas pipeline right-of-way in an attempt to construct a pond and ATV race track on his property. Drafted cease and desist letter and inspected the right of way with engineers for pipeline company and helped resolved the issue short of litigation.
- Represented natural gas pipeline operator in property dispute regarding right of way access to pipeline.
- Represented gasoline refinery in lawsuit where load of water-contaminated gasoline was delivered to gasoline stations in north Mississippi and southern Tennessee, causing multiple vehicular breakdowns that led to an interstate traffic jam covered by the Memphis news. Plaintiff gasoline station owners alleged $1,500,000 in damages arising from reimbursement and repairs to customer vehicles and loss of goodwill and business reputation that led to an alleged decline in gasoline sales.
- Obtained dismissal based on personal jurisdiction in Texas for liquid gasoline pipeline operator. Jesus Luevano v. Colonial Pipeline Company
- Currently representing liquid pipeline operator in multiple defensive personal injury and property damage claims arising from 2016 pipeline release and subsequent separate explosion and fire.
- Currently representing liquid pipeline operator in multiple offensive indemnity claims against pipeline contractors arising from same incidents.
Product Liability
- Obtained dismissal of product liability action against aircraft manufacturer action based on personal jurisdiction defense. Carol Lubin v. Bombardier Aerospace, U.S. District Court for the Southern District of Mississippi (Lead Counsel)
- Obtained dismissal for defendant in helicopter crash case based on personal jurisdiction defense. Brendan Mullen v. HLW Aviation, U.S. District Court for the Southern District of Mississippi (Lead Counsel)
- Obtained defense verdict at trial of product liability case alleging defects in manufacturer’s wheel bearing caused industrial dump truck to crash. Landon Frith v. TruckPro LLC, County Court of Rankin County, Mississippi (Lead Counsel)
- Obtained summary Judgment for Sysco Corporation in product liability case alleging inhalation injury and skin burns caused by oven cleaner exposure. Mattie Ann Ward v. Sysco, Circuit Court of Hinds County, Mississippi (Lead Counsel)
- Obtained dismissal of personal injury product liability case against manufacturer of industrial dumper based on plant’s modification to original equipment design. Alec R. Lincoln vs. Phelps Industries, Inc., Circuit Court of Smith County, Mississippi (Lead Counsel)
- Defended ATV manufacturer in ATV rollover claim alleging design defect caused or contributed to leg injury requiring amputation; Successfully raised Daubert challenge resulting in exclusion of plaintiff’s claim that rollover accident was causally connected to leg amputation. Jessie Joiner v. Bombardier Recreational Products, Inc., Circuit Court of Holmes County, Mississippi (Co-Lead Counsel)
- Defended ATV manufacturer in product liability claim alleging defect in ATV caused unit to catch fire and burn down multi-million-dollar residence. Timothy Pardue v. Bombardier Recreational Products, Inc., U.S. District Court for the Western District of Tennessee (Lead Counsel)
- Defended ATV manufacturer in product liability claim alleging defect in ATV caused unit to catch fire and burn down residence. Biffle Campbell v. Bombardier Recreational Products, Inc., U.S. District Court for the Northern District of Mississippi (Lead Counsel)
- Defended motorcycle manufacturer in product liability case alleging loss of control and crash caused by defect in unit. Linda Davis v. Bombardier Recreational Products, Inc., U.S. District Court for the Southern District of Mississippi (Local Counsel)
- Obtained dismissal in trial court based on statute of limitations defense in product liability claim alleging fault trigger mechanism caused accidental discharge of firearm, resulting in fatality (currently on appeal). Roger Stringer et al. v. Remington Arms Company, LLC, et al., U.S. District Court for the Southern District of Mississippi (Local Counsel)
- Defended firearm manufacturer in product liability claim alleging defect in rifle caused plaintiff to suffer eye injury resulting in vision impairment. Warren v. Weatherby, Circuit Court of Hinds County, Mississippi (Lead Counsel)
Distinctions
- Best Lawyers in America®
- Commercial Litigation, 2020-2025
- Personal Injury Litigation – Defendants, 2021-2025
- Product Liability Litigation – Defendants, 2019-2025
- Mass Tort Litigation / Class Actions – Defendants, 2023-2025
- 2016 PORTICO 10
- Martindale-Hubbell®
- AV®– Preeminent™ Peer Review Rated
- Super Lawyers®
- Mid-South Super Lawyers, Personal Injury – Products: Defense, 2014-2018
- Mid-South Rising Stars, Personal Injury – Products: Defense, 2009-2013
Bar Admissions
- Mississippi, 2002
- U.S. District Courts
- Mississippi: Northern, Southern
- U.S. Court of Appeals
- 5th Circuit
Education
- University of Mississippi, J.D., magna cum laude, 2002
- Member, Mississippi Law Journal
- Member, Journal of National Security Law
- Moot Court Board
- Phi Kappa Phi
- University of Mississippi, B.B.A., Insurance and Risk Management, 1998
Associations
- American Bar Association
- Defense Research Institute (DRI)
- Product Liability Steering Committee
- Mississippi Bar
- Young Lawyers Division
- Board of Directors, (former member)
- Teen Court Committee
- Young Lawyers Division
- Mississippi Defense Lawyers Association
- Board of Directors, (former member)
- Jackson Young Lawyers
- Capital Area Bar Association
- International Association of Defense Counsel (IADC)
- Product Liability Advisory Council (PLAC)
Papers, Presentations & Publications
- Author, “Drone Law and Drone Regulation: A Primer,” MDLA Quarterly, Mississippi Defense Lawyers Association, Spring 2017.
- Author, “Drone Law and Drone Regulation: A Primer,” IADC Corporate Counsel, October 2016.
- Author, "Why Expansion of Commerce and Trade Does Not Expand the Reach of the Courts: In Personam Jurisdiction and Stream-of-Commerce Theory", For The Defense, November 2011.
- Author, "Rules Update: Changes to Federal Rule 26 Regarding Expert Disclosures and Communications With Retained and Non-Retained Expert Witnesses," MDLA Quarterly, Mississippi Defense Lawyers Association, Spring 2011.
- Author, "Consistency in the Courts: Settled Law and Recent Updates on Judicial Estoppel and Election of Remedies," MDLA Quarterly, Mississippi Defense Lawyers Association, Winter 2010.
- Author, "Chapter 12: Strategies for Co-Defending Product Actions," Current Law, Strategies and Best Practices in Product Litigation, (Practicing Law Institute, 2009).
- Author, "Title X: Appellate Review of Federal Trial Court Remand Orders," Getting out of Dodge, Removal to Federal Court: A Defendant’s Guide, (Product Liability Advisory Council, 2003).
- Speaker, "Product Liability Fundamentals," 2010 Harmonie Group/Canadian Litigation Council Joint Product Liability Seminar, Toronto, Canada.