We have represented our clients in a wide variety of appellate proceedings. From mass tort, medical malpractice, and employment law to the intricacies of administrative rules and regulations, Heidelberg Steinberger has successfully represented its clients in cases spanning the legal spectrum.
Our firm also has the experience to take your case wherever it needs to go. Heidelberg Steinberger has handled over 100 appeals before both of Mississippi’s appellate courts, the U.S. Fifth Circuit Court of Appeals, as well as the United States Supreme Court.
Our experience includes:
- Representing Governor Haley Barbour and the Mississippi Department of Medicaid in successfully challenging an unlawful diversion of state funds to The Partnership for a Healthy Mississippi.
- Defending judgments upholding the constitutionality of the Mississippi Tort Claims Act.
- Successfully affirming the dismissal of “mass tort” dioxin cases in state courts resulting in a complete victory for Mississippi paper companies.
Our corporate law practice runs the gamut from entity formation to mergers and acquisitions, and all areas in between them. Our firm has represented many large local and regional enterprises on corporate financing, business planning, governance and other day-to-day issues unique to businesses. We have also helped smaller businesses navigate formation, strategic decisions, contract negotiation and regulatory compliance, all in a cost-effective manner. We have advised and negotiated management agreements on behalf of both companies and executives to foster business stability. Finally our attorneys have assisted companies which face financing and other challenges through debt restructuring, “work-outs”, and if necessary, bankruptcy.
Our experience includes:
- Negotiated sale of company assets to foreign conglomerate, and subsequent distribution of proceeds, despite vigorous resistance and litigation by minority shareholder;
- Negotiated sale of property and other assets to developer for golf course and resort community;
- Work with lenders and businesses facing catastrophic financing and other issues resulting from Hurricane Katrina, including refinancing, “work-outs,” statutory stays of foreclosure, and bankruptcy;
- Completed acquisition of several gas stations/convenience stores from debtor in bankruptcy;
- Formation of numerous limited liability companies, corporations (profit and non-profit), limited liability partnerships, etc., as well as assistance with regulatory compliance and administrative issues;
- Represent companies in administrative proceedings before local, state and federal government entities and agencies;
Small businesses, billion dollar companies and everything in between. Heidelberg Steinberger has represented such clients in almost every conceivable type of commercial litigation. Some of the firms oldest clients have continued their relationship with us based upon our track record of success handling cases involving construction controversies, bad-faith insurance, tortious interference, officer and director liability, shareholder and corporate fiduciary litigation, breach of warranty/consumer protection, bankruptcy and most every contractual dispute imaginable. Our clients range from large insurance companies and agencies, software developers, real estate developers, architectural/engineering firms to “mom-and-pop” businesses.
Our experience includes:
- Represent corporations in litigation brought by minority shareholder charging fraud and general negligence by management
- Dissolution of closely held corporations, in particular family-owned businesses which present unique challenges;
- Bad faith litigation arising from Hurricane Katrina, both for and against insurance companies;
- Suit against seller of multi-million dollar business for fraud, misrepresentation of client base, and failure to perform;
- Construction accidents, resulting in significant personal injury claims, and even larger indemnity claims against third-parties;
- Collapse of real estate developments, whether due to inadequate financing or unexpected changes in market conditions;
- Represent developer in subdivision road design and construction case involving multiple defendants, experts and construction issues;
Mississippi’s unique Chancery Court calls for counsel with substantial experience and reputations. Heidelberg Steinberger represents clients for routine and contested estates and conservatorships; as well as real estate litigation on behalf of title insurance companies, developers, and individuals.
This firm also has extensive experience in family and domestic law matters, especially adoptions and contested custody matters. Recognizing the delicate nature of such proceedings, the firm focuses on resolving such matters with skill and sensitivity, whether negotiating resolutions or litigating the merits.
Finally, Chancery Court, like in Delaware, is the home for almost any and every dispute regarding corporations, limited liability companies and other legal entities (see our “Commerical Litigation” page).
Our experence includes:
- Serving as counsel for multi-million dollar estates.
- Successfully representing clients in having the Mississippi Supreme Court overturn a Chancellor’s decision in a boundary line dispute.
- Frequent appointments by Chancellors to serve as guardians ad litem for minors to represent their interests.
Employment And Worker’s Compensation
Heidelberg Steinberger has defended hundreds of workers’ compensation claims under the Mississippi Workers’ Compensation Act law as well as the federal Jones Act and the Longshoremen and Harbor Workers’ Act. Our attorneys skillfully handle claims from the time of accident through the highest court of appeals.
We have a wealth of expertise in all facets of employment law (e.g. Title VII, ADA, ADEA, FLSA, wrongful termination) representing some of Mississippi’s most outstanding employers. Our attorneys for many years have been assisting employers of all sizes with personnel issues, providing guidance on the multitude of laws and regulations which affect the employment relationship in the workplace.
Finally, we regularly host seminars on the status of employment related law to our clients and the community – another way for us to share our 30 years of expertise in this field.
Our experience includes:
- Winning a summary judgment dismissing, and upholding on appeal, a landmark case involving the ADA’s “perceived to be disabled” criteria where a physician claimed to be disabled as a result of contracting Hepatitis C in a surgical mishap.
- Prosecution of several workers compensation fraud cases to conclusion, assisting in the procurement of guilty pleas, sentencing and restitution.
- Resolved through a variety of ADR techniques, the closure of numerous complex permanent and total disability claims where the injured worker has been approved for, or is receiving, social security disability benefits. Many of these resolutions involved the Center for Medicare and Medicaid Services (CMS) requiring the purchase of annuities to address the future medical needs of the injured worker.
Heidelberg Steinberger has an outstanding history winning cases both prior to trial and in the courtroom. Over the years, our attorneys have successfully tried to verdict numerous cases. Due to our reputation as being willing and able to try cases successfully to verdict, we are able to obtain favorable resolution of matters which need to be settled. Equally important, our attorneys are able to realistically evaluate cases and provide our clients with accurate opinions on potential liability and damage exposure.
From a litigation standpoint, Heidelberg Steinberger has handled cases in state and federal courts throughout Mississippi, involving automobile and trucking accidents, products liability, premises liability, bad-faith insurance claims, environmental torts, so-called “mass torts,” contract and business disputes to name a few.
Our experience includes:
- Defense verdict at trial for a trucking accident in which our client admitted liability.
- Defending at trial real estate agents accused of fraud and deception in sale of residence. Plaintiff sought $1,000,000 in actual and punitive damages. Jury awarded only $1,200.
- Winning summary judgment prior to trial in numerous cases.
Government Law & Relations
With a full-time Jackson presence, along with attorneys who have significant government service and longstanding relationships with many of our elected officials, Heidelberg Steinberger provides a full range of legal services in this area, from general counsel to consulting and legislative monitoring to litigation. For many years our attorneys have represented clients with matters pending before federal, state and local governments, their political subdivisions and municipal corporations. We have experience in zoning and land-use issues, government immunity, public finance, condemnation and bonds. We recognize that advocacy involves not only the courtroom, but often the other branches of government, too
Also over the years, our firm has provided general counsel and special counsel services to many state and local units of government, including:
- Governor’s Office
- Statewide Elected Officials
- County Board of Supervisors
- Mississippi Department of Transportation
- Miss. Senate, Special Session Committee on Tort Reform
- Key Individual Legislators
- Utility Authorities
- Mississippi Department of Public Safety
- Public Hospitals
Many of our attorneys work closely with local and state governmental agencies, as well as the Legislature. They regularly monitor legislative activity and stay abreast of state and local political interests in order to provide our clients with the best possible representation.
Our experience includes:
- Successfully representing Mississippi’s Governor and the Mississippi Department of Medicaid in a landmark case involving the separation of powers between the branches of state government.
- Serving as bond counsel on initial issues and refinancing for the Jackson County Utility Authority, Jackson County, Mississippi and the University of Southern Mississippi on its recent stadium expansion.
- Representing clients on numerous commercial and residential planning issues, plat approval, zoning changes, environmental regulations, condemnation actions, and utility installations before governmental entities, at the municipal, county, state, and federal level.
For decades, Heidelberg Steinberger has represented hospitals, nursing homes, physicians, and laboratories in a wide range of administrative proceedings, and traditional litigation. Our firm also advises these clients on practice management, privacy, billing, and a host of other day-to-day issues. We have assisted healthcare facilities and other providers in drafting staff bylaws and other documents required for compliance with HIPAA, Stark, and Anti-kickback laws. Our attorneys handle administrative actions for our healthcare clients ranging from credentialing issues to physician recruitment agreements, as well as compensation arrangements and traditional employment issues. Our firm also has expertise in assisting professionals organize their practices and counsels professionals with legal entity selection and many organizational aspects of their business.
The firm has maintained a professional liability defense practice for over 30 years by representing physicians, hospitals, and other healthcare providers as well as lawyers, dentists, engineers and other professionals. Our trial and appellate experience in this unique and complicated field has allowed us to be approved and recommended counsel for virtually all professional liability carriers in Mississippi. Our firm has a lawyer listed in Mid-South Super Lawyers in the area of Professional Liability Defense and many of our lawyers are well versed and experienced in this field with invaluable trial and appellate experience. Our firm also has expertise in assisting professionals organize their practices and counsels professionals with legal entity selection and organizational aspects of their business.
Some examples of our achievements in this area are:
- At the close of 4 days of testimony and Plaintiff’s presentations in a medical malpractice trial, the court granted a directed verdict in favor of our defendant doctor;
- In a medical malpractice action, where liability was clearly established against the defendant, the award determined at arbitration was less than that demanded;
- The expert hired by opposing counsel in a medical negligence case was jailed for refusal to comply with the subpoenas as issued; and
- In a case against a defendant physician where economic damages alone exceeded $12 million, after seven days of testimony the jury returned a defense verdict.