Michael is an experienced litigator who practices in the firm’s Pharmaceutical, Medical Device and Healthcare Group. He has spent the majority of his career defending clients in the pharmaceutical, medical device and biologics industry. Michael also served as a JAG Officer in the Army National Guard where he tried numerous cases and presided as a judicial advisor.
Overview
Michael is an experienced litigator who practices in the firm’s Pharmaceutical, Medical Device and Healthcare Group. He has spent the majority of his career defending clients in the pharmaceutical, medical device and biologics industry. Michael also served as a JAG Officer in the Army National Guard where he tried numerous cases and presided as a judicial advisor.
Practice Areas
About
Michael is an experienced litigator who practices in the firm’s Pharmaceutical, Medical Device and Healthcare Group. He has spent the majority of his career defending clients in the pharmaceutical, medical device and biologics industries. He specializes in preparing and defending company witnesses (entry level to apex) at deposition and trial, and has spoken and published on this topic numerous times. Michael also served as a JAG Officer in the Army National Guard where he tried numerous cases and presided as a judicial advisor.
He is a member of the Trial Attorneys of America, a graduate of the International Association of Defense Counsel (IADC) Trial Academy, has been recognized by Best Lawyers in America® and Mid-South Super Lawyers®, and he is AV®-Preeminent™ Peer Review Rated by Martindale-Hubbell®. He routinely writes and speaks on issues pertaining to drug and medical device litigation. He has authored three books: The Milk Wagon (2020), The Tempestuous Trial of Maybelline Meriweather (2018) and Watermark (2016).
He obtained his Juris Doctor, cum laude, from the University of Mississippi School of Law and his bachelor’s degree in Business Administration from the University of Southern Mississippi. He is admitted to practice in Mississippi and has pro hac vice admissions in numerous other state and federal courts outside of Mississippi.
Experience
Mr. Hewes has tried, or assisted in the trial of, numerous jury trials. His recent experience includes:
- In Re Tylenol (Acetaminophen) Marketing, Sales Practices, and Product Liability Litigation (E.D. P.A) (2016).
- Regina Jackson v. Johnson & Johnson et al., New Jersey trial involving Tylenol and liver injury (2015).
- Hutto v. McNeil, et al., Louisiana trial involving acetaminophen overdose (2010).
- Thomas Gaines v. Johnson & Johnson, et al., California trial involving Children’s Motrin and Stevens-Johnson syndrome (2010).
- Karen Robinson v. Johnson & Johnson, et al., Illinois trial involving Children’s Motrin and Stevens-Johnson syndrome (2009).
- Stephanie Zundel v Johnson & Johnson, et al., New Jersey trial involving Children’s Motrin and Stevens-Johnson syndrome (2009).
- Sabrina Brierton Johnson v. Johnson & Johnson, et al., California trial involving first product liability case in connection with Children’s Motrin and Stevens-Johnson syndrome (2008).
- Cona v. Merck & Co., Inc.; New Jersey trial involving Vioxx (2006).
- John McDarby v. Merck & Co., Inc.; New Jersey trial involving Vioxx (2006).
- Albright v. Merck & Co., Inc.; Alabama trial involving Vioxx (2006).
- Humeston v. Merck & Co., Inc.; New Jersey trial involving Vioxx (2005).
Distinctions
- Member, Butler Snow Diversity and Inclusivity Committee
- Best Lawyers in America®
- Lawyer of the Year, Product Liability Litigation – Defendants (Gulfport), 2024
- Product Liability Litigation – Defendants, 2016-2024
- Super Lawyers®
- Mid-South Super Lawyers, Personal Injury – Products: Defense, 2012-2022
- Mid-South Rising Stars, 2008-2009
- Martindale-Hubbell®
- AV®– Preeminent™ Peer Review Rated, 2014-2024
- Mississippi Army National Guard
- Lieutenant Colonel (MS), Retired
- Judge Advocate General
- Graduate, Leadership Mississippi
- Graduate, Leadership Pine Belt
- Who's Who Legal
- Thought Leaders - USA - Product Liability Defence, 2023
- Product Liability Defense, 2020-2022
Bar Admissions
- Mississippi, 2000
- U.S. District Courts
- Minnesota: District of Minnesota (pro hac vice)
- Pennsylvania: Eastern (pro hac vice)
- West Virginia: Southern (pro hac vice)
- Texas: Northern (pro hac vice)
- Florida: Middle (pro hac vice)
- Illinois: Northern (pro hac vice)
- California: Central (pro hac vice)
- New Jersey: District of New Jersey (pro hac vice)
- New York: Eastern (pro hac vice)
- Mississippi: Northern, Southern
- U.S. Court of Appeals
- 5th Circuit
- U.S. Supreme Court
State Court Pro Hac Vice Admissions:
- California
- Florida
- Missouri
- New Jersey
- New York
- North Carolina
- Texas
Education
- University of Mississippi, J.D., cum laude, 2000
- Mississippi Cases Editor, Mississippi Law Journal
- Appellate Competition Chair, Moot Court Board
- University of Southern Mississippi, B.S., Business Administration, 1992
Associations
- Trial Attorneys of America
- American Bar Association
- Defense Research Institute (DRI)
- Drug and Medical Device Committee
- International Association of Defense Counsel (IADC)
- Mississippi Bar Association
- Capital Area Bar Association
- Mississippi Defense Lawyers Association
- Harrison County Bar Association
- National Guard Association
Papers, Presentations & Publications
- Presenter, "5th Circuit Update," Trial Attorneys of America Annual Conference, June 2024.
- Presenter, “Prepping Witnesses for Depositions & Cross Examination – Views on Deposition Preparation," February 27, 2024.
- Presenter, "Physician Witnesses in Personal Injury Cases: Refuting Doctor Testimony, Exposing Bias," Strafford Webinar, August 24, 2022.
- Co-Author, “The Apex Doctrine and the C-Suite Deponent,” Pro Te: Solutio, Vol. 15, No. 2, June 2022.
- Presenter, "Best Practices for Preparing Witnesses, Presenting Testimony, and Dealing with Remote Depositions and Trial Testimony in Environmental Cases," 30th Annual Southeastern Environmental Law & Regulation Conference, Sandestin, FL, June 10, 2022.
- Co-Author, "The COVID Trilogy: The One About the Pandemic," Pro Te: Solutio, Vol. 14, No. 2, June 2021.
- Expert Panelist, "Physician Witnesses in Personal Injury Cases: Refuting Doctor Testimony, Exposing Bias," Strafford CLE Webinar, July 29, 2020.
- Author, The Milk Wagon (novel), Samntoff Press, 2020.
- Author, “A New Look at the Doctor Deposition,” Pro Te: Solutio, Vol. 12 No. 2, June 2019.
- Author, The Tempestuous Trial of Maybelline Meriweather, (children’s fiction), River Road Press, 2018.
- Co-Author, “What We Wish We Knew Ten Years Ago,” Pro Te: Solutio, Vol. 11 No. 1, July 2018.
- Author, Watermark (novel), Samntoff Press, 2016.
- Presenter, “Successfully Defending the Corporate Deposition; Concrete Examples of How to Prepare Witnesses for Reptile Questions,” ACI Drug and Device Conference, 2015.
- Presenter, “FDA Strategic Priorities 2014-2018,” Knowledge Congress webcast, 2015.
- Author, "Cutting the Head off the Snake: Blunting the Effect of the Reptile Approach during Corporate Depositions," Pro Te: Solutio, Vol. 8 No. 1, May 2015.
- Author, “Medicare Secondary Payer Act Private Cause of Action: Legitimate Threat, Plaintiffs’ Bluff, or Somewhere in Between?” Pro Te: Solutio, Vol. 6 No. 2, 9-13, May 2013.
- Author, “Update: Implementation of the Pediatric Medical Device Safety and Improvement ACT of 2007,” Pro Te: Solutio, Vol. 4 No. 4, pg. 15, November 2011.
- Author, “Not Just for Adults Anymore: New Pediatric Considerations for Pre-Market Approval of Medical Devices,” Pro Te: Solutio, Vol. 3 No. 3, 8-11, August 2010.
- Co-Author, “Preparing Your Sales Force: Keeping Legal Issues in Mind from Training to Trial Part II,” Pro Te: Solutio, Vol. 2 No. 3, 8-12, July 2009.
- Author, “Preparing Your Sales Force: Keeping Legal Issues in Mind from Training to Trial Part I,” Pro Te: Solutio, Vol. 2 No. 2, 14-19, April 2009.
- Author, “Medicare Secondary Payer Act,” Pro Te: Solutio, Vol. 1 No. 1, 12-17, January 2008.
Civic Involvement
- Trinity United Methodist Church, Gulfport
- Staff Parish Council
- Gulf Coast Writer's Association
- University of Southern Mississippi Foundation Board
- Gulfport Century Club
- Gulfport Youth Sports Association
- Baseball Coach
- Gulfport Yacht Club