Dunbar Davis, PLLC

While our court systems handle a large number of cases every year, only a portion of those are the subject of written opinions by the Judges involved. Our attorneys have been involved in a number of cases in which written opinions have been issued and have many successes both inside and outside the courtroom.

Cases involving John Dunbar:

Omnibank of Mantee vs. United Southern Bank, 607 So. 2d 76 (Miss. 1992), John Dunbar represented his bank against a loan officer who had made negligent loans. In RTC v. Scott, 929 F. Supp. 1001 (S.D. Miss. 1996), John defended the president of a savings and loan against charges of negligent lending. These two cases developed the contours of the law of negligent lending in Mississippi.

Krieser v. Hobbs, 166 F.3d 736 (5th Cir. 1999), clarified the law of allocation of fault after settlements by co-defendants in Mississippi.

In Tanner v. Westbrook, 174 F.3d 542 (5th Cir. 1999), John was successful in one of the earliest applications of Daubert rules to a case involving catastrophic injury from cerebral palsy.

Another reported case handled by John, Fred's v. M & H Drugs, 725 So. 2d 228 (Miss.1999), is one of the seminal trade secrets cases in Mississippi.

In McFarland v. Entergy Mississippi, Inc., 919 So. 2d 894 (Miss. 2005), John Dunbar's work lead to further limitation of the scope of utility liability in Mississippi.

Mr. Dunbar has served as lead counsel or played a significant role in over 25 reported decisions in Mississippi. They include:

• OMP v. Security Pac. Bus. Fin. Inc., 1986 U.S. Dist. LEXIS 17616 (N.D. Miss. 1986);
• Main Street Publishers, Inc. v. Landmark Communications, Inc., 701 F. Supp. 1289 (N.D. Miss. 1988);
• Staheli v. University of Mississippi, 854 F.2d 121 (5th Cir. 1988);
• United States v. Judd, 889 F.2d 1410 (5th Cir. 1989);
• American Casualty Co. v. United Southern Bank, 950 F.2d 250 (5th Cir. 1992);
• Gannon v. Agri-Lite, Inc., 1994 U.S. Dist. LEXIS 21146 (N.D. Miss. 1994);
• RTC v. Scott, 929 F. Supp. 1001 (S.D. Miss. 1996);
• Harris v. Cereb, 1995 U.S. Dist. LEXIS 21553 (N.D. Miss. 1995);
• FDIC v. Scott, 125 F.3d 254 (5th Cir. 1997);
• Dickey v. Baptist Mem. Hosp., 146 F.3d 262 (5th Cir. 1998);
• Krieser v. Hobbs, 166 F.3d 736 (5th Cir. 1999);
• Tanner v. Westbrook, 174 F.3d 542 (5th Cir. 1999);
• Mailly v. Park Place Entertainment, 2004 U.S. App. LEXIS 20460 (5th Cir. 2004);
• State Farm Mut. Auto. Ins. Co. v. Gregg, 526 So. 2d 554 (Miss. 1988);
• Staheli v. Smith, 548 So. 2d 1299 (Miss. 1989);
• Spears v. Mississippi Power & Light Co., 562 So. 2d 107 (Miss. 1990);
• Omnibank of Mantee v. United Southern Bank, 607 So. 2d 76 (Miss. 1992);
• Golden Triangle Regional Health Corp. v. Board of Supervisors, 687 So. 2d 793 (Miss. 1996);
• Entergy Miss., Inc. v. Burdette Gin Co., 726 So. 2d 1202 (Miss. 1998);
• Fred's Stores, Inc. v. M & H Drugs, Inc., 725 So. 2d 228 (Miss.1999);
• Austin v. Baptist Mem'l Hosp-N. Miss., 768 So. 2d 929 (Miss. 2000);
• A.B.E., Inc. v. City of Oxford, 830 So. 2d 615 (Miss. 2002);
• Myles v. Entergy Miss., Inc., 828 So. 2d 861 (Miss. 2002);
• V. Hayes v. Entergy Miss., Inc., 871 So. 2d 743 (Miss. 2004);
• Entergy Miss., Inc. v. C. Hayes, 874 So. 2d 952 (Miss. 2004);
• McFarland v. Entergy Miss., Inc., 919 So. 2d 894, (Miss. 2005);
• Miller v Monaghan, 2008 US Dist LEXIS 24247 (ND Miss 2008;
• Oakwood Capital Mgt, LLC v Donovan, 2009 US Dist LEXIS 25865 (N.D. Miss 2009)
• Childs v Entergy Miss., Inc., 2009 US Dist LEXIS 107928 (N.D. Miss 2009).

Cases involving Walter Alan Davis:

• Boardtown v. Abacus, Inc., USDC Case No. 1:01CV459-B-D. After suing a California software company on an Internet defamation claim, Mr. Davis successfully obtained a favorable settlement on behalf of his client.
• DirecTv, Inc. v. Hubbard, 2005 WL 1994489, *1 (N.D. Miss. 2005). Representing individuals who were accused of stealing DirecTV satellite television signals, Mr. Davis successfully obtained a dismissal of all charges against his clients.
• Carr v. Carr, 784 So.2d 227 (Miss. App. 2000) Representing a woman accused of alienating the affections of another woman's husband, Mr. Davis successfully obtained a dismissal of all claims.
• Tutor v. Pannell, 809 So.2d 748 (Miss. App. 2002). While representing a property owner in a boundary dispute case, Mr. Davis obtained an order from the Mississippi Supreme Court reversing the trial judges decision adverse to the client.
• In re Cumberland Management Group, Inc., 276 B.R. 127, 131 (Bkrtcy. N.D. Miss. 2000). While representing a real estate developer, Mr. Davis was successful in convincing the United States Bankruptcy Court that his client should not be bound by a $600,000.00 lien on its real property.
• Oatis v. Mississippi Valley State University, Circuit Court of Hinds County, Mississippi, Cause No.: 251-02-1207-CW. . With several dorm mothers as clients, Mr. Davis successfully obtained a favorable settlement on claims that a University had improperly denied overtime to its employees.
• Coleman v. Smith, 914 So.2d 807 (Miss. App. 2005) and Croft v. Grand Casino Tunica, Inc., 910 So.2d 66 (Miss. App. 2005). In these cases, Mr. Davis obtained dismissals of all claims against casinos in the Mississippi delta, after they had been charged with claims of false arrest and false imprisonment.

Other published court opinions involving Mr. Davis include:

• McFarland v. Entergy Mississippi, Inc., 919 So.2d 894, 2005 WL 2458870 (Miss., Oct. 6, 2005).
• Baptist Memorial Hospital-Desoto, Inc. v. Bailey, 919 So.2d 1, 2005 WL 1385129 (Miss. June 2, 2005).
• McFarland v. Entergy Mississippi, Inc., 918 So.2d 697, 2004 WL 2283607 (Miss. App., Oct. 12, 2004).
• Entergy Mississippi, Inc. v. Hayes, 874 So.2d 952, 2004 WL 856862 (Miss., April 22, 2004).
• Russell v. Performance Toyota, Inc., 826 So.2d 719, 2002 WL 31087644, (Miss., Sept. 19, 2002).
• Cotton v. Mississippi Bar, 809 So.2d 582, 2000 WL 10313658 (Miss., July 27, 2000).
• Burns v. Burns, 789 So. 2d 94, 2000 WL 522987 (Miss. App., May 2, 2000).
• Flowers v. Panola Mills, Inc., 749 So.2d 1104, 1999 WL 509304 (Miss. App., July 20, 1999).
• Wheeler v. BL Development Corp., 415 F.3d 399, 2005 WL 1524974, C.A. 5 (Miss., June 29, 2005).
• Mailly v. Park Place Entertainment Corp., 114 Fed. Appx. 602, 2004 WL 2244242, C.A.5 (Miss. Sept. 28, 2004).
• Price v. Roark, 256 F.3d 364, 2001 WL 740571, C.A.5 (Miss. July 18, 2001).
• Haas Outdoors v. Novelty, Inc., Slip Copy, 2006 WL 1134234 (N.D. Miss. April 24, 2006).
• May v. Autozone Stores, Inc., 179 F.Supp.2d 682, 2001 WL 1704158 (N.D. Miss., Dec. 14, 2001).