Being an AV rated solo practitioner with wide-ranging experience provides this practice with the flexibility and platform to support client needs across a broad spectrum. Thirty-one diversified and rewarding years as an attorney have afforded privileges enjoyed by few in this profession: JAG service in Iraq, appearances before State and Federal Courts throughout the Southeast at the trial and appellate levels, and work in cases ranging from eighteen wheeler wrecks to felony prosecutions, insurance law, and contracts. Here is an incomplete but illustrative list of matters this law office has handled over time and would be prepared to take on in support of your legal needs:
This office has represented litigants in nearly every federal and state trial court in South Mississippi, from Jackson to the Coast, and in other courts throughout the State and region. Having a lengthy history of both defending and prosecuting civil lawsuits at the trial and appellate levels, and with decades of experience working day in and day out with insurance carriers, their insureds, and those with claims against either, this office is extremely well versed in the law regarding insurance. Mr. Montague advises and represents insureds, insurance companies, and those with claims against either with liability and coverage disputes of all kinds. Matters have included:
- Automobile Accidents
- Eighteen Wheeler Litigation, including Wrongful Death
- Personal Injury Defense and Prosecution
- Homebuilder’s Defense and Prosecution
- Homeowner’s Representation
- Commercial and Personal Lines
- Loss of Business Income Claims
- “Civil Authority” Claims
- Director and Officer Liability
- Errors and Omissions
- Umbrella Coverage
- Professional Liability
- Uninsured and Underinsured Motorists Claims and Defenses
Coverage work on behalf of both those insured and insurers includes contractual coverage issues, policy conditions, duty to defend analysis, bad faith defense and claims, business risk and pollution exclusions, personal injury, premises liability, products liability, uninsured and underinsured motorist coverage issues, fiduciary responsibility, and employer practices liability.
This law office has represented clients for years before federal, state, and local agencies and boards. Matters handled and clients represented have included the Hattiesburg-Laurel Regional Airport Board of Commissioners, Hart-Scott-Rodino filings before the Federal Trade Commission, testimony before the Mississippi Senate Public Utilities Committee on proposed communication tower legislation, appearances before the Boards of Supervisors of Lamar, Forrest, and Smith Counties on subdivision approval, airport funding, tax abatement, commercial lease matters, downtown redevelopment, and other matters, appearances before the Mississippi Public Services Commission on sewer utility issues, the State Ethics Commission on Ethics in Government Act issues, the Laurel, Mississippi, City Council on a communications tower matter, and the Hattiesburg, Mississippi, City Council on numerous matters ranging from utilities to tax abatement to downtown redevelopment and residential development. Further appearances have included those before municipal and county planning departments and committees on land use matters. Mr. Montague represents clients in all aspects of federal, state, and local regulation, including administrative appeals and litigation before the courts.
This office has amassed significant experience prosecuting appeals before federal and state courts. Appearances have included two before the U.S. Court of Appeals for the Fifth Circuit (Resinall v. Steve D. Thompson Trucking, unpublished, and Jackson v. O’Shields, 101 F. 3d 1083 (5th Cir. 1996), and others before the Mississippi Supreme Court White v. Mills, 735 So. 2d 428 (Miss. 1999)) and the Mississippi Court of Appeals. Mr. Montague understands the importance of forceful brief writing and effective oral argument.
Mr. Montague regularly counsels clients in the formation and operation of corporations, limited liability companies, general and limited partnerships and proprietorships.
The form of business organization selected for the conduct of a business greatly affects its daily operations and the income tax consequences to both the business and its owners. This office regularly advises business clients with business formation decisions by reviewing the goals and individual facts present in each situation before recommending a limited partnership, general partnership, limited liability company, or corporation, and before advising concerning the different elections or options available under each format. Mr. Montague provides clients with effective legal advice about:
- Business formation
- Corporate, shareholder, and partnership disputes
- Director and officer liability
- Entity Formation
- Limited liability corporations (LLC’s)
- Shareholder rights
In addition to counseling commercial entities in their planning and operations, this office also represents businesses in commercial litigation and disputes, including help with business dissolution and liquidation matters, work on contract disputes, asset acquisitions, insurance coverage and defense lawsuits, Uniform Commercial Code disputes, unfair trade practices claims, landlord-tenant matters, breach of warranty and product liability matters, residential and commercial construction cases, defense of homebuilders in defect claims and litigation, employment contracts and non-compete agreements, employer-employee disagreements and telecommunications and public utility matters. Mr. Montague’s commercial litigation and dispute resolution experience is wide-ranging and substantive.
This law office also has experience in litigated matters involving business torts, Lanham Act violations, unfair trade practices and trade disparagement, state law tortious interference, officer and director liability, non-disclosure agreements and disputes, and other such matters. Additionally, Mr. Montague has represented public bodies litigating constitutional issues; see Citizens’ Right to Vote v. Morgan, 916 F. Supp. 601 (S.D. Miss. 1996).
Today, business owners, executives and corporate counsel are acutely aware that litigation can impact a business’s commercial practices, its bottom line, and, in some cases, its continued existence. When confronted with commercial litigation arising from disputes, both large and small, businesses and individuals have frequently turned to this law office for help.
Achieving results that are fair, expeditious and involve lower fee exposure is an outcome many of this office’s clients have attained through mediation, arbitration, use of mock juries and focus groups, and neutral evaluations. Use of ADR can be effective and is a dispute resolution approach with which this office has experience.
This office regularly represents executors and administrators of estates in the Chancery Courts of Mississippi in the sometimes difficult and arduous process of administering and closing a decedent’s estate, and distributing assets. In tandem with an accountant or other tax professional, this office will lead those with estate responsibilities through the legal steps involved in administering and closing estates.
This office has experience advising employer clients regarding the Fair Labor Standards Act, Family and Medical Leave Act, Uniformed Services Employment and Reemployment Rights Act (USERRA), Worker Adjustment and Retraining Notification (WARN) Act, Americans with Disabilities Act, and Service Members Civil Relief Act. Mr. Montague has drafted personnel manuals for a number of area employers, and has appeared in adversarial hearings before the Mississippi Employment Security Commission. Mr. Montague has also represented employers facing Occupational Safety and Health Administration (OSHA) on-site inspections.
This office has represented newspapers and a local television station in several contexts, including defense of libel and slander actions, in Mississippi Open Meetings Acts matters, Freedom of Information Act (FOIA) and Mississippi Open Records Act requests for information, and in pursuit of opposed access to public remarks by a U.S. Supreme Court Justice. Mr. Montague has experience litigating and is knowledgeable concerning First Amendment principles.
This office negotiated and memorialized contract terms of a multi-million dollar asset sale to one of the largest communications concerns in the United States. Mr. Montague understands large volume asset sales and acquisitions and the legal issues they trigger.
Whether representing a buyer or seller, a large corporation or family-owned business, this office’s goal is to maximize the advantages and minimize the risks in all asset sales or purchases.
As an experienced civilian attorney and a member of the Judge Advocate General’s Corps for twenty-one years, Mr. Montague is especially capable of representing members of the military in the following contexts:
Article 15 proceedings (Article 5 of Mississippi Code of Military Justice)
Court martial proceedings
Dishonorable discharge and non-judicial punishment procedures
Lautenburg Amendment issues
Uniformed Services Employment and Re-Employment Rights Act (USERRA) matters
Servicemembers Civil Relief Act (SCRA)
Uniformed Services Former Spouses’ Protection Act matters
Live long enough and you are almost certain to be a party to at least one real estate transaction, if not dispute. This office has experience with both. From helping negotiate terms of a home purchase or sale to analyzing and offering advice concerning a multi-million dollar commercial transaction, this office is equipped by training and experience to represent clients in simple and complex real estate transactions.
Further, this office has successfully represented both homeowner associations and residents in homeowner association disputes, in matters ranging from subdivision covenant enforcement to associations exceeding their authority. When things “go south,” whether because of breach of contract, subdivision disputes, a boundary dispute, predatory lending practices, slander of title though wrongly filed liens, other contract dispute, or for other reasons, this office is capable of representing your interests.