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 2007 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
- Past member of the Lawyers' Advisory Committee to the United States Court of Appeals for the Fifth Circuit
- Former chair of the Alumni Council of Princeton University
Publications/Speeches
- Author, "The Peacemaker Test: Designing Legal Rights to Reduce Legal Warfare," 12 Harvard Negotiation Law Review 377 (2007).
- Mississippi Appellate Practice, Mississippi Law Institute Press (2007).
- Co-author: "The Door to Open Government in Mississippi," in Reporters' Committee for Freedom of the Press, Tapping Officials' Secrets (2006).
- Co-author: "Survey of Mississippi Privacy and Related Claims Against the Media," in MLRC, 50-State Survey 1995-96 Media Privacy and Related Law (2006).
- Author, "Supreme Court Seats: Recent Litigating Counts," National Law Journal, February 16, 2004 p.43.
- "So this Martian says to the Partner..." (with Research Source Form), The Practical Litigator (2002).
- Author, "Listening to Friends of the Court," 84 ABA Journal 128 August (1998). (Abbreviated version of "Why does the Curiae need an Amicus?", 1 Journal of Appellate Practice 279 (1999), quoted in Neonatology Associates, P.A. v. C.I.R., 293 F.3d 128, 133 (3rd Cir. 2002) (Alito, J.).
- Author, "Public Comment on the Work of Federal Rules Committees," 9 Practical Litigator No.4 p.15 (1998). Article chosen by Judicial Conference of the United States for its Web site. See "Practical Checklist" at www.uscourts.gov/rules/newrules1.htm
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).