Gary Yarborough, Jr.
Top rated civil litigation attorney in Bay St. Louis, MississippiYarborough Law Firm PLLC
Practice Areas: Civil litigation, Class action & mass torts, Construction litigation
Licensed in Mississippi since: 2006
Education: Tulane University Law School
The founder of Yarborough Law Firm PLLC, Gary Yarborough, Jr. offers a 15 years of experience representing his clients from his office in Bay St. Louis, Mississippi. His civil litigation practice is quite varied, and it encompasses motor vehicle accidents, defective products, medical malpractice and other plaintiff's personal injury matters, breach of contract actions, construction disputes, insurance bad faith and class action lawsuits involving mass torts. Yarborough provides his services in Mississippi, as well as in federal courts throughout the Country, including his present representations in California, Michigan and Delaware litigating multi-district antitrust cases, federal regulations concerning food labeling and serving on panels for creditors in bankruptcies.
Most recently, Gary Yarborough, Jr., served as class counsel for the State of Mississippi representatives in the antitrust litigation against Keurig. The claims resulted in a class action approval and settlement against Keurig in the amount of $31 Million, concerning Keurig's antitrust actions pertaining to Green Mountain coffees. https://news.bloomberglaw.com/product-liability-and-toxics-law/keurig-settles-consumers-k-cup-antitrust-claims-for-31-million; See also In re Keurig Green Mtn. Single-Serve Coffee Antitrust Litig., S.D.N.Y., No. 14-md-2542, motion for preliminary settlement approval filed 9/30/20.
Yarborough also serves as associate class counsel in the litigation against the Coca-Cola Company related to its mislabeling of its signature Coca-Cola products and improper inclusion of phosphates, which have shown to cause heart and other health problems. https://www.law360.com/articles/1244376/coke-buyers-get-partial-class-cert-in-false-ad-mdl.
Yarborough also serves as associate putative class counsel in the actions against Starkist Tuna, Bumble Bee Tuna and Chicken of the Sea, for antitrust violations and rigging of prices of cans of tuna. The would be competitors, as alleged, conspired to rig and set their tuna products above market price. The litigation relates to the guilty verdict of Bumble Bee CEO for price fixing by a San Francisco area jury. https://blog.volkovlaw.com/2020/06/bumble-bee-ceo-sentenced-to-40-months-in-prison-for-price-fixing/#:~:text=After%20a%20lengthy%20sentencing%20hearing,a%20tuna%20price%2Dfixing%20conspiracy.
Related to that litigation, Bumble Bee sought bankruptcy protection in the federal bankruptcy court of Delaware. Yarborough was appointed and served on the five person unsecured creditors committee, which were parties to the $1 Billion Dollar bankruptcy. See In re: Parent Bumble Bee Company, Inc, Case No. 19-12502 (LSS) (Bank. DE 2019). Yarborough serves to protect the interest in that proceeding of not only his putative S.D. California class against Bumble Bee, but also all unsecured creditors.
In one representative matter, Mr. Yarborough was co-counsel in a lawsuit filed against an insurance company for losses related to Hurricane Katrina that resulted in a jury award of nearly $1 million. He has also obtained a $4.9 million jury award in a case brought against Lloyd's of London for its failure to pay out insurance claims. Mr. Yarborough's track record has also included the representation of plaintiffs in complex medical and pharmaceutical malpractice cases, resulting in several settlements in excess of $1 million.
In addition to his private practice, Mr. Yarborough serves as the County Attorney for Hancock County, Mississippi, a position he has held since his 2014 appointment. He also previously served as counsel for the City of Waveland, from 2010 to 2017.
First Admitted: 2006, Mississippi
Professional Webpage: https://www.yarboroughlaw.co/attorney/yarborough-gary-m-jr/
- Member, Board of Directors, CASA Hancock County, Mississippi, December 2011 – December 2013
- Tulane University in New Orleans, J.D., 2006
- Tulane Honors College, Honors: with High Honors in Mathematics; Honors Thesis in Non-Euclidean Geometry, 2003
- Bay High School, Bay Saint Louis, Mississippi, High School Diploma, Honors: Valedictorian; National Honor Society, 1999
- Mississippi, 2006
- Mississippi Supreme Courts, 2006
- U.S. District Court for the Northern District of Mississippi, 2006
- U.S. District Court for the Southern District of Mississippi, 2006
- U.S. Fifth Circuit Court of Appeals, 2006
- U.S. Ninth Circuit Court of Appeals, 2014
- U.S. Eleventh Circuit Court of Appeals, 2016
- Super Lawyer, Mid-South Rising Stars 2014, 2015, 2016, Super Lawyers Rising Star, Super Lawyers, 2016
- Best Attorneys of America, 2015-2020, Best Attorneys of America
- In re: Keurig Green Mountain Antitrust, No. 1:14-md-02542 (VSB) (S.D. NY 2021) https://www.keurigindirectpurchasersettlement.com/admin/services/connectedapps.cms.extensions/188.8.131.52/asset?id=a94467d7-c578-4090-a97f-092a152691b4&languageId=1033&inline=true. I served as class counsel for the Mississippi indirect purchaser class representative. Order approved a final Class Action settlement of $31 Million. , 2021
- Garrett v. Bumble Bee Tuna, Superior Court of Ca, County of Santa Clara, (2017). I served as lead counsel in the bench trial against Bumble Bee Tuna for misbranding its tuna products. https://www.law360.com/classaction/articles/897505/bumble-bee-marketers-ignored-internal-warnings-judge-told?fbclid=IwAR0bmWj8CFnocgDaXvRgfVnsWprjMRz7bOjzErjOCCkJZqvon80OrGZEcC4, 2016
- City of Waveland v. C. Perry Builders, Ohio Casualty, Nofie Alfonso Architect, et al, 1:12-cv-365 (Miss. Circuit Court, Hancock County, MS). Served as primary counsel in litigation against contractor, bonding company and architect. Litigation resulted in recovery of defect amounts for the City I represented. , 2017
- CDM Smith v. Hancock County, 1:15-cv-81-KS-RHW (S.D. Miss. 2015). Obtained summary judgment dismissing most of engineering firms claims against Hancock County. I represented the County as lead counsel. https://1.next.westlaw.com/Document/I40aa4f60904311e58b7fa63ea8e8f9ce/View/FullText.html?navigationPath=Search%2Fv1%2Fresults%2Fnavigation%2Fi0ad73aa70000017b1932a282855d015d%3Fppcid%3Dcf478885f2a5446ba7af860a5f8b630b%26Nav%3DCASE%26fragmentIdentifier%3DI40aa4f60904311e58b7fa63ea8e8f9ce%26parentRank%3D0%26startIndex%3D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DSearchItem&listSource=Search&listPageSource=305da05c88ea22c4fe8d3f84823fe489&list=CASE&rank=1&sessionScopeId=836e5bf4af1c5d1044cb71bbdff5d08df977bd604b6d4b29a65fc56949d24459&ppcid=cf478885f2a5446ba7af860a5f8b630b&originationContext=Search%20Result&transitionType=SearchItem&contextData=%28sc.Search%29, 2015
- City of Waveland v. Malouf Construction, et al., 12-cv-131 (Miss. 2017), obtained recovery from contractor and designers of pier related to construction and design defects alleging . Served as primary litigation counsel. Initial claim sought $1.2 Million. , 2017
- In Re: Coca-Cola Products Marketing and Sales Practices, 4:14-md-2555-JSW (N.D. Cal). I serve as associate class counsel in the MDL representing consumers against Coca-Cola for misbranding its products and concerning the inclusion of phosphates, which is known to cause heart problems. The class was certified via Order of the Court in February 2020. https://www.law360.com/articles/1244376/coke-buyers-get-partial-class-cert-in-false-ad-mdl., 2020
- Gitson v. Clover-Stornetta Farms, No. C-13-01517-EDL, 2014 U.S. Dist. LEXIS 5408 (N.D. Cal. Jan. 14, 2014 Order Judge Laporte, 2014
- Jerry Floyd v. Pilot Corporation, No. 4:13-cv-00250-JMM (E.D. Ark. 2013 July 16, 2013) final class settlement was approved November 25, 2013.), 2013
- Werdebaugh v. Blue Diamond Growers, 2013 U.S. Dist. LEXIS 144178 (N.D. Cal. Oct. 2, 2013, Order), 2013
- Penthouse Owners Ass’n, Inc. v. Lloyd’s, London, 612 F.3d 383 (5th Cir. 2010)(Order concerns the interlocutory appeal on contract interpretation. I argued for Penthouse); Penthouse, 2011 WL 6698521 (S.D. Miss. Dec. 21, 2011) (awarding Penthouse, $1,832,602.20 in compensatory damages), 2011
- Penthouse, 2011 WL 6699447 (S.D. Miss. 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), 2011
- United Services Auto. Ass’n v. Lisanby, 47 So.3d 1172 (Miss. 2010) (Mississippi’s Supreme Court upheld $909,641.00 compensatory damage award), 2010
- W.G. Yates & Sons Construction Co., Inc. v. City of Waveland, Mississippi, No. 2010- CA-01799-COA, 2012 WL 2896207 (Miss. Ct. App. 2012), 2012
- Hancock County Board of Supervisors Attorney, 2014-2021, 2021
- 2017-2021 Serve as associate class counsel in the Antitrust litigation against Starkist, Chicken of the Sea and Bumble Bee for price fixing. , 2021
- Served as primary counsel for consumers in the trial against Bumble Bee Tuna for misbranding its tuna products through its Omega 3 and heart health labels. , 2016
- Represented unsecured creditors serving on the five member Unsecured Creditors' Committee in the Bumble Bee Delaware $1Billion bankruptcy. , 2020
- Representing Certified Class Against Coca-Cola Company for its misbranding of its products and phosphate contents. , 2021
- City of Waveland Board Attorney 2010-2017, 2017
- Government Representation And Defense; Consumer Antitrust Cases; Federal Regulations regarding FDA a
- Rising Stars: 2014 - 2016