Thomas

Will focuses his practice on product liability litigation and has been recognized by Super Lawyers® as a “Mid-South Rising Star” for his work in personal injury defense.

• Machinery & Recreational Product Litigation
• Pesticide, Herbicide, Fungicide, and Seed Litigation
• Class Actions
• Products, Catastrophic & Industrial Litigation

Energy

Trials and Evidentiary Hearings

• Five-week jury trial involving allegations that defects in a Suzuki motorcycle caused a crash that resulted in paralysis of the plaintiff. Stubblefield v. Suzuki Motor Company, Case No 3:15-CV-18 –HTW-LRA, United States District Court for the Southern District of Mississippi, Northern Division (defense verdict).
• Two-week jury trial on claims that defects in tractor and rotary mower caused plaintiff to be thrown from the tractor and entangled in rotary mower. Bouchillon, et al v. Deere & Co., et al. Circuit Court of Panola County Mississippi (CV2009-048) (defense verdict). Case was recognized as one of The Harmonie Group’s 2010 Significant Cases.
• Multi-day evidentiary hearing by Zoom addressing whether the Office of Juvenile Justice violated the constitutional rights of youth committed to its custody during the COVID-19 pandemic. J.H. by & through N.H. v. Edwards, No. CV 20-293-JWD-EWD, 2020 WL 3448087, at *1 (M.D. La. June 24, 2020). 
• Successfully defended the validity of quit claim deed recorded eight years after being executed.  Shamburger v. Thrash, Civ. Action No. 17-01593 in the Chancery Court of Rankin County, Mississippi (2019). 
• Prevailed in bench trial addressing ownership and control of neighborhood lake. Natchez Trace Village Property Owner’s Assc., Inc. v. Culley et al. Civ. Action No. 2017-cv-791 Chancery Court of Madison County (Feb. 20, 2018).     
• Prevailed for pro bono client in bench trial over whether agreement with landlord was for rental of mobile home or for financing of mobile home. Wheatley v. Lucius, Chancery Court of Tate County, Mississippi Civ. Action No. 13-07-0243.   
• Jury trial on claims that inmate sustained lung injuries from second-hand smoke in prison. Adams v. Banks et al., United States District Court Southern District of Mississippi Civil Action No. 5:08-cv-154 (defense verdict).  
• Jury trial on allegations that herbicide caused irregularly shaped sweet potatoes.  Russell Moore Farms v. BASF Corporation et al., United States District Court Northern District of Mississippi Civil Action No. 1:07-cv-85 
• Jury trial on allegations that herbicide caused irregularly shaped sweet potatoes.  Dawson Farms, LLC v. BASF Corporation et al., United States District Court Western District of Louisiana Civil Action No. 06-0737 
• Bench trial addressing whether failure to provide surgery for inmate violated constitutional rights. Tate v. D.C.F. Facility, et. al., United States District Court Northern District of Mississippi Civil Action No. 4:07-cv-162 (defense verdict)

Other Cases

• Obtained an order, upheld on appeal, enforcing an arbitration provision in a contractual dispute in Richland Equipment Co. Inc. v. Deere & Co., Case No. 17-60631, 745 F. App'x 521 (5th Cir. 2018). “Fifth Circ. Backs Deere Arbitration Bid in Contract Dispute,” Law360, August 14, 2018.
• Obtained dismissal for failure to state a claim on a product liability claim alleging defective airbags.  Smith v. Gen. Motors, LLC, No. 3:17CV471TSL-RHW, 2017 WL 4582330, at *1 (S.D. Miss. Oct. 13, 2017).
• Summary judgment dismissal on defamation claims against owner of newspaper.  Lueckenbach v. Horizon Mississippi Publications, Inc., No. 1:16-CV-189-SA-DAS, 2017 WL 473903, at *1 (N.D. Miss. Feb. 3, 2017).
• Summary judgment for hunting vehicle manufacturer due to statute of limitations for claims against dissolved entity.  Sewell v. Bad Boy Enterprises, LLC, Civ. Action No. 2015-36 (May 11, 2016), in the Circuit Court of Jefferson County, Mississippi.
• Successfully excluded expert’s opinions concerning proposed alternative design. Barnett v. Deere & Co., No. 2:15-CV-2-KS-MTP, 2016 WL 6604362 (S.D. Miss. Nov. 8, 2016).
• Received summary judgment on claims lawn mower was defective in design. Barnett v. Deere & Co., No. 2:15-CV-2-KS-MTP, 2016 WL 6652750, at *3 (S.D. Miss. Nov. 10, 2016)).
• Obtained dismissal for failure to state a claim on breach of warranty claim defeating future performance exception to statute of limitations defense.  Clark v. Gen. Motors, LLC No. 3:14CV505-DPJ-FKB, 2016 WL 3574408, at *1 (S.D. Miss. June 23, 2016).
• Prevailed on motion to realign parties to reflect their true interests, which allowed the federal court to have diversity jurisdiction.  Barnett v. Deere & Co., No. 2:15-CV-2-KS-MTP, 2015 WL 13048616, at *1 (S.D. Miss. May 15, 2015).
• Summary judgment dismissal for premises owner after pedestrian tripped and fell on sidewalk in front of business.  Elliott v. First Security Bank, Circuit Court of Panola County Mississippi CV-2011-057 (May 20, 2013).  
• Obtained dismissal of consortium claims based on statute of limitations.  Moore v. Yamaha Motor Corporation, U.S.A, Circuit Court Grenada County Mississippi Civil Action No. 06-247-CV-L (partial summary judgment).

• Best Lawyers in America®
  • Product Liability Litigation – Defendants, 2019-2025
• Super Lawyers®
  • Mid-South Rising Star, Personal Injury – Products: Defense, 2012-2020

• Mississippi, 2006
• Arkansas, 2021
• U.S. District Courts
• Mississippi: Northern, Southern
• U.S. Court of Appeals
• 5th Circuit

• Mississippi College, J.D., magna cum laude, 2006
• University of Mississippi, M.A., Accountancy, 2004
• University of Mississippi, B.A., Accountancy, 2002

• American Bar Association
• Mississippi Bar Association
• Capital Area Bar Association

• Co-Author of Mississippi Section of DRI’s Product Liability Defenses, A State-by-State Compendium, 2017.
• Co-Author, (Opening Statements), “Trial Tactics,” DRI in Miami, Fla, March 13, 2014.
• Author, "Expert Opinions Regarding Feasible Alternative Designs and When They are Not Enough," The MDLA Quarterly, Fall 2012.
• Co-Author, "The Mississippi Supreme Court Issues A Get-Out-of-Jail Card to Unlicensed Engineers Offering Expert Testimony," IADC Committee Newsletter, December 2012.
• Presenter, "Wrapping Up – Settlements, Judgments, Appeals and Enforcement," National Business Institute, March 2012.
• Co-Author, "Warranty and Product Liability Have Collided: Now What?" DRI For the Defense ACMIE Newsletter, July 2011.
• Author, "Dealing With the Three-Headed Product Liability Complaint," The MDLA Quarterly, Summer 2011.
• Co-Author, "Mississippi Jury Instructions for Product Liability Claims and Defenses," Product Liability Advisory Committee, August 2009.
• Recognized, "2010 Significant Cases," The Harmonie Group, pg. 2.