Licensing:
Mississippi State Courts
Northern and Southern Districts of Mississippi
U.S. Ninth Circuit Court of Appeals
U.S. Eleventh Circuit Court of Appeals
Reported Cases:
Werdebaugh v. Blue Diamond Growers, No. 13-2724-LK, (N.D. March 23, 2014 Order (Appointing me and co-counsel class counsel of 23 (b)(3) class alleging violations of California food labeling regulations) (Defendant'
s Request for Interlocutory Review to the Ninth Circuit Denied August 22, 2014)
Gitson v. C-13-01517-EDL, 2014 U.S. Dist. LEXIS 5408 (N.D. Jan. 14, 2014 Order Judge Laporte (represented Plaintiff and argued orally against Defendant's motion to dismiss class action)
Jerry Floyd v. Pilot Corporation, No. 4:13-cv-00250-JMM (E.D. Ark. 2013 July 16, 2013) I represented Jerry Floyd against Defendant Pilot Corp (Flying J); final class settlement was approved November 25, 2013.) Werdebaugh v. Blue Diamond Growers, 2013 U.S. LEXIS 144178 (N.D. Oct. 2, 2013, Order) (represented Plaintiff against Defendant's motion to dismiss putative class action for preemption and failure to state a claim)
Penthouse Owners Ass’n, Inc. Lloyd’s, London, 612 F.3d 383 (5th Cir. 2010)(Order concerns the interlocutory appeal on contract interpretation. I argued for Plaintiff);
Penthouse, 2011 WL 6698521 (S.D. Miss. Dec. 21, 2011) (awarding my client, Penthouse, $1,832,602.20 in compensatory damages);
Penthouse, 2011 WL 6699447 (S.D. Dec 21, 2011 Order) (at * 12 awarding me attorney’s fees of $357,960.00 as extra-contractual damages, and total extra-contractual damages of $3,111,533.29)
United Services Auto. Ass’n v. Lisanby, 47 So.3d 1172 (Miss. 2010) (Mississippi’s Supreme Court upheld $909,641.00 compensatory damage award). W.G. Yates & Sons Construction Co., Inc. City of Waveland, Mississippi, No. 2010- CA-01799-COA, 2012 WL 2896207 (Miss. Ct. App. 2012). Prendergast v. City of Waveland, Mississippi, 2014 WL 4413423 (Miss. App. 09/09/14) (Upholding my defense verdict against writ sought by Plaintiffs)
Description of Practice:
The Yarborough Law Firm's practice is directed toward civil, commercial and complex litigation, with the remainder focused on governmental and administrative law. The firm has litigated putative and approved class action cases in the Northern District of California, and Northern District of Florida and the Eastern District of Arkansas, and has also litigated causes of action coordinated as multidistrict litigation under 28 U.S.C. § 1407, including my representation of a putative class and end payors as associate counsel in the In re Automotive Parts Antitrust Litigation currently consolidated in the U.S. District Court for the Eastern District of Michigan. The law firm is presently representing a putative class seeking claims against Chicken of the Sea, Starkist and Bumble Bee Tuna companies concerning antitrust allegations and horizontal price fixing. The putative class is pending the the Southern District of California, San Diego. The firm is also currently litigating numerous cases in federal courts in the Northern District of California concerning regulatory compliance as relates to FDA regulations. Those claims include a presently pending putative class against Coca-Cola in the Northern District of California concerning misbranding of its Coca-Cola products. The firm has litigated numerous cases in federal court in various jurisdictions including the Southern and Northern Districts of Mississippi, the Northern and Southern Districts of Florida, the Eastern District of Louisiana and the Northern District of California. The firm has extensive experience in both federal and state courts related to construction disputes, surety disputes, and issues of professional liability concerning construction projects, as well as litigation of complex pharmaceutical and medical malpractice cases representing plaintiffs, settling some of those cases to allow recovery to clients exceeding one million dollars. The firm's practice has also included representation of prisoners for constitutional violations, and representation of landowners against takings by the State of Mississippi, with issues in those cases including disputes both of the propriety of the taking and damage to remainder of the property. Appellate practice. The firm has served as primary counsel for appeals pending in Mississippi, and in the U.S. Courts of Appeals for the Fifth, Ninth and Eleventh Circuits. The firm has served as primary counsel on five Mississippi state court appeals, argued appeals before a three judge panel of the Fifth Circuit Court of Appeals and a three judge panel of the Mississippi Court of Appeals. Government practice. Gary Yarborough has served as County Attorney for Hancock County since 2014, and previously served as city attorney for the City of Waveland, Mississippi from 2010 to 2015. He is experienced in government litigation and defense. Sample of Resolved Cases:
Jerry Floyd v. Ark. 2013 July 16, 2013) I represented Jerry Floyd against Defendant Pilot Corp (Flying J); final class settlement was approved November 25, 2013 for the class of consumers); Penthouse Owners Ass’n, Inc. Lloyd’s, London, 2011 WL 6698521 (S.D. Dec. 21, 2011) (jury award my client, Penthouse, $1,832,602.20 in compensatory damages); Penthouse, 2011 WL 6699447 (S.D. Dec 21, 2011 Order) (at * 12 awarding me attorney’s fees of $357,960.00 as extra-contractual damages, and total extra-contractual damages of $3,111,533.29; total award $4.94M)
