Luther T.
Munford
111 East Capitol St, Suite 600
Jackson , MS 39201-2122
Direct: (601) 360-9364
Fax: (601) 360-9777
e-mail: munfordl@phelps.com
Service Areas
Appellate Litigation
Commercial Litigation
Practice
Luther defends lawyers, represents news media clients, litigates constitutional issues, and handles federal and state civil appeals. He is listed in the Mississippi news media and appellate litigation sections of both Chambers USA, America's Leading Lawyers for Business and Best Lawyers in America.
Education
- Justice Harry A. Blackmun, U.S. Supreme Court, from 1978-1979
- Judge Paul H. Roney, U.S. Court of Appeals, Fifth Circuit, from 1976-1978
- University of Virginia, J.D., 1976; Editorial Board, University of Virginia Law Review
- Oxford University, B.A., 1973 (first class)
- Princeton University, A.B, 1971
Memberships/Affiliations
- Member and Past-President of the American Academy of Appellate Lawyers
- Past member of the Advisory Committee on Appellate Rules to the Judicial Conference of the United States, 1992-1998
- Past member of the Lawyers' Advisory Committee to the United States Court of Appeals for the Fifth Circuit, 1990 to 2002
- Former chair of the Alumni Council of Princeton University, 1995-1997
- Associate Professor, Mississippi College School of Law, 1986 to 1989; Adjunct Professor, 1989 to 2002
Publications/Speeches
- Comment, Sherman Act Scrutiny of Bar Restraints on Advertising and Solicitation by Attorneys, 62 Va. L. Rev. 1135 (1976), cited in Bates v. State Bar of Arizona, 433 U.S. 350, 374 n. 30 (1977)
- Book Review, The Honor and Dignity of the Profession: A History of the Mississippi State Bar, 19061976, 52 Miss. L.J. 695 (1982)
- Co-author, Commentary on the Bill of Rights in the Mississippi Constitution of 1890 and Beyond, 56 Miss. L. J. 73 (1986)
- Establishing Federal Appellate Jurisdiction by Filing a Timely and Effective Notice of Appeal or Petition, 11 5th Cir. Rep. 313 (1994)
- Appealing to a Deluged Court, The Practical Litigator, Vol. 5, No. 3 (May 1994)
- Book Review, Constitutional Interpretation, 14 Miss. Col. L. Rev. 691 (1994)
- The Most Common Mistakes in the Form of Fifth Circuit Briefs, 14 5th Cir. Rep. 227 (1997)
- Co-author, Lawyer Advisory Committees to the U.S. Courts of Appeals - Report and Recommendations, 175 F.R.D. 110 (1997)
- Listening to Friends of the Court, ABA Journal 128 (August 1998)
- Public Comment on the Work of Federal Rules Committees, 9 Practical Litigator No. 4 p.15 (1998). Chosen by Judicial Conference of the United States for its website, www.uscourts/gov/rules/newrules1.htm
- L. Munford, When Does the Curiae Need an Amicus?, 1 J. App. Practice and Process 279 (1999). Quoted in Neonatology Assocs. P.A. v. C.I.R., 293 F.3d 128, 133 (3d Cir. 2002) (Alito, J.); A. Frey, Amici Curiae: Friends of the Court or Nuisances?, 33 Litigation 5 (Fall 2006).
- L. Munford, Book Review: Persuasive Written and Oral Advocacy in Trial and Appellate Courts by Michael R. Fontham et al., 3 Fifth Circuit Civil News No. 4 p. 19 (July 2002).
- L. Munford, "So this Martian Says to the Partner..." (with Research Source Form), The Practical Litigator (May 2002 p.8).
- L. Munford, "Punitive Damages: A Morality Tale, Not an Economic Formula," For the Defense 13 (November 2003)
- L. Munford, "Supreme Court Seats/Recent Litigating Counts," National Law Journal, Feb. 16, 2004, p. 43.
- L. Munford, "Justices Blackmun and Burger/A parting of the ways," National Law Journal, May 31, 2004, p. 26.
- The Door to Open Government in Mississippi, in Tapping Officials' Secrets (2007)
- Co-author, Survey of Mississippi Privacy and Related Claims Against the Media, in LDRC, 50-State Survey 2003-2004/Media Privacy and Related Law (2007)
- L. Munford, "The Peacemaker Test: Designing Legal Rights to Reduce Legal Warfare, 12 Harv. Neg. L. Rev. 377 (2007), selected for the 2008 Green Bag Almanac.
- L. Munford, "Bowles v. Russell": Appellate Guessing Games," National Law Journal, Sept. 10, 2007.
- L. Munford, "Confirm By Supermajority," National Law Journal, Jan. 14, 2008.
Representative Matters
Selected appellate cases Luther has briefed and argued (except where the brief was an amicus brief), include the following:
Federal
- Tanks v. Lockheed Martin Co., 417 F.3d 456 (5th Cir. 2005) (appellant; reversed and entered partial summary judgment for employer in plant shooting case).
- Lipscomb v. Columbus Municipal Separate School District, 277 F.3d 1375 (5th Cir. 2001) (appellee; Section 1983; affirmed grant of class relief holding that contracts clause protects public land leases worth $30 million).
- McDermott Int'l v. Lloyds of London, 120 F.3d 583 (5th Cir. 1997) (appellee; court affirmed confirmation of arbitration award and held London policy not subject to Louisiana anti-arbitration statute).
- Davenport v. St. Paul Fire & Marine Ins. Co., 978 F.2d 927 (5th Cir. 1992) (appellant; court reversed $20 million judgment against St. Paul for bad faith breach of contract and tortious interference and instructed district court to dismiss complaint).
- Eimann v. Soldier of Fortune, 880 F.2d 830 (5th Cir. 1989) (amicus brief for American Newspaper Publishers' Ass'n in support of successful appeal challenging negligence award against magazine publisher).
- Department of Banking and Consumer Finance v. Clarke, 809 F.2d 266 (5th Cir. 1987), cert. denied 107 S. Ct. 3240 (1987) (appellant; reversed district court and held national bank in Mississippi could branch where state savings associations could branch, notwithstanding restrictions on state commercial banks).
- Affholder v. Southern Rock, Inc., 746 F.2d 305 (5th Cir. 1984) (appellant; Fifth Circuit went en banc on its own motion and reversed cases holding that Mississippi statutory appeal penalty applied in federal diversity action), followed in Burlington Northern Railroad Co. v. Woods, 400 U.S. 1, 107 S.Ct. 967 (1987) (Affholder "persuasive").
State
- Baker Donelson Bearman & Caldwell, P.C. v. Muirhead, 920 So. 2d 440 (Miss. 2006) (appellant; court reversed $1.6 million legal malpractice claim and awarded judgment in favor of defendant law firm).
- Titan Insurance Co. v. Hood, 895 So. 2d 138 (Miss. 2004) (appellant; court reversed $82.5 million breach of contract and punitive damages judgment and remanded because forum selection clause required litigation in Texas).
- Smith v. Malouf, 826 So.2d 1256 (Miss. 2002) (appellee; res judicata bars recovery on tort cause of action previously recognized in international child adoption case).
- Delta Pride Catfish v. Home Insurance Co., 697 So.2d 400 (Miss. 1997) (appellee; affirmed summary judgment for insurers finding no "advertising injury" coverage).
- Dimmitt Chevrolet, Inc. v. Southeastern Fidelity Ins. Corp., 636 So.2d 700, 705 (Fla. 1993) (amicus brief for London insurers on construction of "pollution exclusion" clause; court held clause applied).
- Blake v. Gannett Co., 529 So.2d 595 (Miss. 1988) (appellee; affirmed summary judgment dismissing libel suit).