T. Peyton Smith

T. Peyton Smith

Associate

Jackson

601-969-4283

601-960-8613


Education

  • University of Virginia School of Law, J.D.
  • University of Mississippi (Honors College), B.A., Phi Beta Kappa

Bar Admissions

  • Mississippi, 2011
  • Louisiana, 2013
  • United States Supreme Court

Clerkship

  • Law Clerk to the Honorable Rhesa H. Barksdale, United States Court of Appeals for the Fifth Circuit

One look at the labyrinth of arrows and notes on his whiteboard wall reveals that, for Peyton, collaborative thinking and creative strategies are the pathways to success for his clients. Drawing on his wide range of experiences, from clerking on the Fifth Circuit to justice system reform work in Uganda to prosecutorial trial work in Boston, Peyton strives to identify the most effective course of action in all his cases. To Peyton, the legal system remains a system comprised of people striving for resolution in occasionally unpredictable and imperfect ways. As such, part of Peyton's approach is to consider the human element in every case, something he considers essential to providing a thoughtful representation that gets results. In this vein, Peyton can often be found scribbling on that whiteboard wall and brainstorming with his coworkers to craft solutions that meet the unique needs and goals of his clients.

Professional Recognition

Important Litigation Involvement

  • Member of trial team representing Fortune 500 bottle manufacturer during two-week jury trial of negligence and breach of contract claims, which ultimately resulted in a defense verdict in New Orleans Civil District Court
  • Currently representing Fortune 100 company facing series of environmental class actions in federal court in Louisiana
  • Obtained summary judgment in Copiah County Circuit Court on a misappropriation of likeness claim relating to the filming and broadcasting of a hunting television show
  • Obtained summary judgment in Louisiana federal court on behalf of Fortune 500 company, establishing that the testimony of plaintiff’s expert as to the cause of the truck rollover was too speculative to carry plaintiff’s burden at trial. Barefoot v. Weyerhaeuser Company, 2017 WL 1380472 (W.D.La. 2017)
  • Served as lead appellate counsel before United States Court of Appeals for the Fifth Circuit, successfully defending dismissal of wrongful death action based on district court’s extension of judicial immunity to appointed receiver of subject property. See, Henderson v. West Jackson Student Housing, L.L.C., et al., — Fed.Appx. —, 2017 WL 359660 (5th Cir. 2017)
  • Authored amicus curiae brief before United States Supreme Court on behalf of several public policy institutions regarding First Amendment rights of hearers to receive information obtained by investigative journalist. Daleiden, et al v. NAF, 17-202 (2017)
  • Represented manufacturer in arguing issue of first impression before Texas Supreme Court relating to interpretation of the state’s recently amended forum non conveniens statute, In re Mahindra, 17-0019 (opinion pending).
  • Drafted briefing before en banc panel of Mississippi Supreme Court as part of appellate team that successfully obtained reversal of punitive damages and attorney’s fees awards in products liability action, Union Carbide v. Nix, Jr., 142 So.3d 374 (Miss. 2014)
  • Served as advisor to one of the world’s largest privately-held corporations on issues relating to personal jurisdiction in its nationwide litigation portfolio
  • Obtained partial summary judgment in premises liability action filed in New Orleans Civil District Court, defeating plaintiff’s attempt to pierce the corporate veil of parent corporation under single business enterprise and alter ego theories
  • Obtained partial summary judgment on behalf of large privately-held corporation, binding plaintiffs to damages-limitation provision that capped available damages at $1,000,000 in a case alleging over $30,000,000 in damages
  • Achieved substantial monetary award in Mississippi construction defect arbitration
  • Served as jurisdictional attorney managing day-to-day mass tort litigation for Fortune 100 company in multiple states
  • Obtained summary judgment on behalf of Fortune 100 company in Louisiana product liability action on grounds that plaintiff’s injury was too attenuated from client’s conduct to support plaintiff’s theory of liability
  • Obtained summary judgment of claim seeking seven-figure damages in federal district court for Fortune 100 company on grounds that premises owner owed no duty to plaintiff, See Bootenhoff v. Hormel Foods Corp., 2014 WL 3744011 (W.D. Okla. 2014)

Professional Recognition

  • Mid-South Rising Star, Super Laywers
  • Louisiana Rising Star, Super Lawyers. 2018

 

Previous Experience

  • First-chair jury and bench trial experience as 3:03 Prosecutor in Suffolk County District Attorney’s Office, Boston, Massachusetts
  • NFLPA Certified Contract Advisor
  • Served as Legal Intern with International Justice Mission (IJM) in Kampala, Uganda

Speaking Engagements

  • “The New ‘Home State’ Test for General Personal Jurisdiction: the End of an Era?” HarrisMartin National Benzene Litigation Conference, December 2014, New Orleans, Louisiana

Publications

  • “MDL-875 Embraces the Sea-Change Brought About By Daimler,” Mealey’s Litigation Report, December 2014
  • “Direct-to-Consumer 3D Printing Protection: Searching for a Predictable Liability Regime,” For the Defense, DRI, Vol. 58, No. 11, November 2016. View Article

Pro Bono & Community Service

  • Pro Bono Asylum Attorney, Migrant Support Center at Mississippi Catholic Charities
  • Belhaven Improvement Association, Board Member
  • Special Prosecutor, Rankin County District Attorney’s Office

Other Office Location