Trey’s broad practice is focused on helping product manufacturer clients from pre-litigation through trial. While his litigation experience includes defending products manufacturers in cases pending in various state and federal venues throughout the country — including cases defending heavy construction equipment, agricultural products, aviation products, pet food, gas pipelines, recreational vehicles, watercraft, medical devices, automobiles, home appliances, and children’s toys — he also counsels manufacturers on risk management, including product safety, recalls, and compliance matters involving the U.S. Consumer Product Safety Commission (CPSC) and the U.S. Food & Drug Administration (FDA). He also represents energy companies and project developers in governmental and energy litigation, including multi-state condemnation actions. He also frequently represents life science companies (including both publicly held and privately owned international pharmaceutical and medical device companies) in a wide range of matters related to medical research.
Overview
Trey’s broad practice is focused on helping product manufacturer clients from pre-litigation through trial. While his litigation experience includes defending products manufacturers in cases pending in various state and federal venues throughout the country — including cases defending heavy construction equipment, agricultural products, aviation products, pet food, gas pipelines, recreational vehicles, watercraft, medical devices, automobiles, home appliances, and children’s toys — he also counsels manufacturers on risk management, including product safety, recalls, and compliance matters involving the U.S. Consumer Product Safety Commission (CPSC) and the U.S. Food & Drug Administration (FDA). He also represents energy companies and project developers in governmental and energy litigation, including multi-state condemnation actions. He also frequently represents life science companies (including both publicly held and privately owned international pharmaceutical and medical device companies) in a wide range of matters related to medical research.
Practice Areas
Industries
About
Trey’s litigation experience includes representing clients in the areas of heavy construction equipment, agricultural products, aviation products, pet food, gas pipelines, recreational vehicles, watercraft, medical devices, automobiles, home appliances, and children’s toys with extensive litigation experience in all aspects of fact and expert discovery, including preparing and defending company witnesses for depositions and trial testimony; taking and defending expert depositions; deposing plaintiffs, prescribing physicians, treating physicians, and medical experts; retaining and developing challenges to expert witnesses; drafting and arguing discovery and dispositive motions; and developing, coordinating, and implementing defense strategy in concurrent federal and state court proceedings.
His experience also includes being a key member of a national coordinating counsel team, from 2013-21, for a medical device manufacturer in state and federal court proceedings in California, New York, Massachusetts, New Hampshire, Vermont, New Jersey, Ohio, Michigan, Illinois, Connecticut, Indiana, Minnesota, Florida, Pennsylvania, Maryland, and Tennessee.
He frequently speaks and writes on product liability topics. In June 2023, he spoke on Right To Repair to the Tennessee Association of Corporate Counsel. He has written extensively on the Right To Repair Movement and Corporate Privilege. He co-authored a chapter in Chambers Global Practice Guide’s “Product Liability & Safety USA Trends and Developments” in 2019 and 2020. He received the 2017 Yancey Memorial Award, which is awarded to the best article in IADC’s Defense Counsel Journal.
Trey has been recognized for his expertise by a number of publications, including Best Lawyers in America® and Mid-South Super Lawyers®. He is also AV®– Preeminent™ Peer Review Rated by Martindale-Hubbell® and was named as one of its 2013 Top Rated Lawyers in Insurance Law. The Mississippi Business Journal named Trey one of its 2008 Top 40 Under 40 and he received the J.B. Carr Community Service Award. He is a graduate of Leadership Jackson.
He is active in the Defense Research Institute (DRI), currently serving as Chair of the Products Liability Committee (2023-2025), as well as having served as the 2019 Program Chair of the DRI Product Liability Conference, a member of the Product Liability Steering Committee (2010-2022) and Chair of the Recreational Products Litigation Group (2012-2014). He is also active in the International Association of Defense Counsel (IADC) and served on the Board of Editors, Product Liability Committee and Corporate Counsel Committee, where he was Vice Chair of Publications (2016-2017). He is also active in the International Consumer Product Health and Safety Organization (ICPHSO), as well as the American Bar Association, Mississippi Bar Association (former member of the Board of Directors of the Young Lawyers Division), Capital Area Bar Association (former member of the Board of Directors), and Jackson Young Lawyers (former President and member of the Board of Directors).
Trey obtained his J.D. from the University of Mississippi. He received his M.A. in English from Mississippi State University and his B.A. in Journalism and English from Baylor University. He is admitted to practice in Mississippi and Tennessee.
Experience
- Trey represents clients in the areas of heavy construction equipment, agricultural products, aviation products, pet food, gas pipelines, recreational vehicles, watercraft, medical devices, automobiles, home appliances, and children’s toys, with extensive litigation experience in:
- Preparing and defending company witnesses for depositions and trial testimony.
- Taking and defending expert depositions.
- Retaining, and developing challenges to, expert witnesses
- Deposing plaintiffs, prescribing physicians, treating physicians, and medical experts.
- Drafting and arguing discovery and dispositive motions.
- Developing, coordinating, and implementing defense strategy in concurrent federal and state court proceedings.
- Trey's experience includes being a key member of a national coordinating counsel team, from 2013-21, for a medical device manufacturer in state and federal court proceedings in California, New York, Massachusetts, New Hampshire, Vermont, New Jersey, Ohio, Michigan, Illinois, Connecticut, Indiana, Minnesota, Florida, Pennsylvania, Maryland, and Tennessee.
- Trey also routinely counsels manufacturers on risk management, including product safety, recalls, and compliance matters involving the U.S. Consumer Product Safety Commission (CPSC) and the U.S. Food & Drug Administration (FDA).
- He also represents energy companies and project developers in governmental and energy litigation, including multi-state condemnation actions.
- He also frequently represents life science companies (including both publicly held and privately owned international pharmaceutical and medical device companies) in a wide range of matters related to medical research.
- Trey has written and presented extensively on the Right to Repair movement and has been quoted in multiple articles on this topic. He works hand-in-hand with our client manufacturers to educate them on recent developments as well as chart the best course possible for them in anticipating the ever-morphing movement’s influence on legislation, regulations, and litigation.
Significant Matters
- Sunshine Mills v. Nutra-Blend: Won summary judgment in Mississippi State Court in a complex product liability, commercial action, involving a dispute between an agricultural supplier of dog food materials and a dog food manufacturer. (Lead Counsel) (2023).
- Miss. Farm Bureau Cas. Ins. Co. v. CNH America, et al.: Subrogation action (products liability and warranty) involving industrial cotton picker. Tried in United States District Court of Southern Mississippi. (Trial Counsel) (2011).
- Gulf South Pipeline Company LP v. Blanche Mari Downy Pitre, Eminent Domain action. Tried in the County Court of Warren County, Mississippi, Special Court of Eminent Domain (Trial Counsel) (2007).
- Lloyd Richard Lovitt, et al. v. The Stanley Works, et al.: Product liability and premises liability action involving automatic door. Tried in U.S. District Court of Northern Mississippi. (Trial Counsel) (2006).
- Jimmy D. Houser v. Empire Truck Sales: Commercial and product liability action involving industrial machinery. Tried in the County Court of Rankin County, Mississippi. (Trial Counsel) (2003).
- Lionel M. Arnold v. Doug Sproat: Unlawful force action against prison warden. Tried in the U.S. District Court for the Southern District of Mississippi. (Trial Counsel) (2002).
- Waren v. Nationwide Ins. Co.: Personal injury action involving car accident. Tried in the U.S. District Court for the Southern District of Mississippi. (Trial Counsel) (2002).
- Blackwell Chevrolet v. LaDonna Harvey: Commercial action against purchaser of vehicle. Tried in the County Court of Hinds County. (Trial Counsel) (2001).
Significant Published Opinions
- Gulf Guar. Life Ins. Co. v. Conn. Gen. Life Ins. Co., 304 F.3d 476 (5th Cir. 2002).
- Stellar Group v. Pilgrim’s Pride Corp., 2007 WL 955293 (S.D. Miss. March 28, 2007).
- Hutchenson v. Am. Home Prod. Corp., 2006 WL 1717176 (N.D. Miss. June 20, 2006).
- Alexander v. Am. Home Prod. Corp., 2006 WL 1716908 (N.D. Miss. June 19, 2006).
- Baggett v. Yamaha Motor Corp., U.S.A., 2006 WL 1520539, Prod. Liab. Rep. (CCH) P 17, 485 (S.D. Miss. May 31, 2006).
- Gulf South Pipeline Co. v. Pitre, 35 So. 3d 494 (Miss. 2010).
Distinctions
- Best Lawyers in America®
- Commercial Litigation, 2017-2025
- Product Liability – Defendants, 2022-2025
- Martindale-Hubbell®
- AV®– Preeminent™ Peer Review Rated
- Super Lawyers®
- Mid-South Super Lawyers, Personal Injury – Products: Defense, 2013-2024
- Mid-South Rising Star, Personal Injury – Products: Defense, 2009-2010
- Benchmark Litigation
- Member of the team selected as nationwide Product Liability Firm of the Year, 2018
- 2017 Yancey Memorial Award, awarded to the best article in IADC’s Defense Counsel Journal
- Martindale-Hubbell®, 2013 Top Rated Lawyer in Insurance Law
- Mississippi Business Journal, Top 40 Under 40, 2008
- Leadership Jackson, Graduate, 2003-2004
- J.B. Carr Community Service Award
Bar Admissions
- Mississippi, 2000
- Tennessee, 2013
- U.S. District Courts
- Tennessee: Middle, Western
- New York: Northern
- Mississippi: Northern, Southern
- U.S. Court of Appeals
- 5th Circuit
- 6th Circuit
Education
- University of Mississippi, J.D., 2000
- Editor-in-Chief, Mississippi Law Journal
- Mississippi State University, M.A., English, 1997
- Associate Editor, The Mississippi Quarterly
- Baylor University, B.A., Journalism and English, 1993
Associations
- Defense Research Institute (DRI)
- Product Liability Committee
- Chair, 2023-2025
- Vice Chair, 2021-2023
- Product Liability Conference
- Program Chair, 2019 (Austin, TX)
- Product Liability Steering Committee
- Recreational Products Litigation Group
- Chair, 2012-2014
- Product Liability Committee
- International Association of Defense Counsel (IADC)
- Board of Editors
- Product Liability Committee
- Corporate Counsel Committee
- Vice Chair, Publications, 2016-2017
- American Bar Association
- Mississippi Bar Association
- Young Lawyers Division
- Board of Directors, 2007-2009
- Young Lawyers Division
- Capital Area Bar Association
- Board of Directors, 2006-2007
- Jackson Young Lawyers
- President, 2006-2007
- Board of Directors, 2003-2005
Papers, Presentations & Publications
- Guest, "Product Liability / Personal Injury," In Legal Terms, Mississippi Public Broadcasting, June 4, 2024.
- Quoted, "Get Focused on Right-to-Repair," F&I and Showroom, March 18, 2024.
- Author, "The 'Golden Screw' in Today's Supply Chains," 2024 Litigation Update: Navigating Emerging Trends and Technology, March 2024.
- Co-Author, "My Gut Says, "Yes," but Is That Correct?" For The Defense, October 2023.
- Speaker, “The Right-to-Repair Movement: My Gut Says, ‘Yes,’ But Is That Correct?” Tennessee Association of Corporate Counsel, Chattanooga, Tennessee, June 22, 2023.
- Co-Author, "High Court Ax Of Atty-Client Privilege Case Deepens Split," Law360, February 24, 2023.
- Co-Author, "Atty-Client Privilege Arguments Give Justices A Moving Target," Law360, January 18, 2023.
- Speaker, “Product Recalls: Hope for the Best, Plan for the Worst,” Tennessee Association of Corporate Counsel, Nashville, Tennessee, February 25, 2021.
- Co-Author, “Product Liability & Safety USA Trends and Developments,” 2020 Chambers Global Practice Guide, July 2020.
- Co-Author, “Product Liability & Safety USA Trends and Developments,” 2019 Chambers Global Practice Guide, July 2019.
- Co-Author, “The Use of Computer-Generated Animations and Simulations at Trial,” 83 Def. Couns. J. 439 (2016) (winner of the 2017 Yancey Memorial Award).
- Co-Author, Voir Dire section in IADC’s Defense Counsel Training Manual, Third Edition.
- Speaker, “Why So Animated? Pros and Cons of Using Animation and Videos in Product Liability Cases,” 2016 IADC Annual Meeting, Product Liability Committee, Bermuda.
- Speaker, “Emerging Issues and Current Laws,” 2013 National Business Institute Seminar, Bad Faith Insurance Claims in Mississippi, Jackson, Mississippi.
- Speaker, “Identifying the Type of Tort, Related Cause of Action, and Damages,” 2013 National Business Institute Seminar, Bad Faith Insurance Claims in Mississippi, Jackson, Mississippi.
- 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.
- Speaker, “Product Liability Law Update: Lawson, McIntyre, and Goodyear,” 2011 Bulldog Lawyer CLE, Mississippi State University.
- Speaker, “Electronic Evidence: The New Spoliation Frontier?” 2011 Harmonie Group Product Liability Seminar, Chicago, IL.
- Speaker, “Making Life Easier for the Recreational Products Client in the ‘New Economy,’” 2010 DRI Products Liability Seminar, Recreational Products Specialized Litigation Group, Las Vegas, Nevada.
- Speaker, “Effective Use of Experts in Product Liability Cases,” 2009 Southeast Products Liability Forum, Nashville, Tennessee.
- Speaker, “Defend Uninsured/Underinsured Motorist Cases – and Win,” 2008 National Business Institute Seminar, Settling Uninsured and Underinsured Motorist Claims, Jackson, Mississippi.
- Speaker, “Hold on to Your Hats: The Year in Review,” 2008 DRI Products Liability Seminar, Recreational Products Specialized Litigation Group, Phoenix, Arizona.
- Author, “After the Recall: What Do We Do Now?” DRI’s In-House Defense Quarterly, Fall 2007.
- Co-Author, “A Primer on the Use of Epidemiological Studies in Product Liability Litigation,” The International Comparative Legal Guide to: Product Liability 62 (2007).
- Author, “The Reporter’s Privilege in Mississippi,” The Reporter’s Privilege Compendium (2002 & 2007).