H. Hunter Twiford III
Member
Jacksonhtwiford@mcglinchey.com
(601) 960-3523 (p)
(601) 960-8431 (f)
H. Hunter Twiford III is a senior litigator in the firm’s commercial litigation section, with over 36 years of practice experience. Hunter chairs the firm's Mississippi commercial litigation section and the Mississippi class action and mass action section. His practice is exclusively devoted to litigation, primarily in federal court, with emphasis on the defense of class actions and mass actions, consumer financial services litigation and complex lender liability litigation, and he represents primarily lenders and financial institutions named as defendants.
Hunter is co-founder and Co-Editor-in-Chief of the CAFA Law Blog, the first (and only) blog in the country to focus on the Class Action Fairness Act of 2005, published by McGlinchey Stafford. The CAFA Law Blog is widely recognized as authoritative on the subject of the Class Action Fairness Act. Hunter has also written numerous articles and spoken at a number of national seminars on the Class Action Fairness Act since its February, 2005 adoption. Hunter writes and speaks on other aspects of class action practice and electronic discovery.
In addition to his regular litigation practice prior to joining McGlinchey, Hunter also served as City Attorney for several Mississippi municipalities, including City Attorney for the City of Clarksdale, Mississippi for more than 25 years. He has represented local governments in a variety of litigation, including annexations, personnel and employment litigation, civil rights defense and regulatory investigations. Hunter served as the Mississippi Chairman of the International Municipal Lawyers Association from 1992 through 2003, and is a past president of the City Attorney’s Section of the Mississippi Municipal League. Hunter’s writings on Mississippi annexation law have been quoted by the Mississippi Supreme Court in annexation decisions. He is also listed in multiple editions of Best Lawyers in America in the area of Municipal Law.
Hunter has been involved in bar work at the state and local levels, and is a past president of the Coahoma County Bar Association. He also served as Bar Commissioner representing the Eleventh Circuit District on the Mississippi Board of Bar Commissioners (1998-2001), and as a member of the Executive Committee of the Mississippi Bar (2000-2001). He is a Fellow of the Mississippi Bar Foundation, a former Trustee of the Foundation (2000-2003), and is its immediate past President (2007-2008).
Hunter was also a founding member and a two-term chairman of the Mississippi Bar’s Technology Committee (1999-2000, 2000-2001) and has served on its Executive Committee since inception. Hunter was awarded the Mississippi Bar’s Distinguished Service Award in 2001 for his work in the area of technology for lawyers and the Bar, particularly in the area of courtroom and litigation presentation technology, and has written and lectured extensively on topics related to litigation and technology.
Hunter was a multi-term member of the Mississippi Board of Bar Admissions (1996-2008), which is responsible for administering bar examinations in Mississippi. Hunter wrote the federal and state practice portions of the bar examinations.
Hunter is a Master of the Bench of the William C. Keady Chapter of the American Inns of Court, a member of the American Board of Trial Advocates, a member of the Hinds and Coahoma County (past president) Bar Associations, the Mississippi Bar, the Fifth Circuit and Federal Bar Associations and is admitted to practice in all federal and state courts in Mississippi, the Fifth and Eleventh Circuit Courts of Appeals and the United States Supreme Court. He was also an Adjunct Professor at Coahoma Community College for 27 years, teaching courses in business law and real estate.
Litigation
Hunter has acted as McGlinchey's lead trial counsel in class actions against major national banks and mortgage lenders; as lead trial counsel defending a major national bank and its subsidiaries in over a dozen mass actions involving hundreds of plaintiffs filed in state and federal courts throughout Mississippi; as lead trial counsel defending a GSE involved in significant federal contract and IP litigation; as lead trial counsel for several lenders in a series of mass actions involving RICO claims; and as lead trial counsel for an insurance adjusting company in over 100 Katrina-related cases including RICO, fraud, contract and negligence claims. Prior to joining McGlinchey, Hunter was a named partner in a North Mississippi law firm, with extensive litigation experience in a wide variety of cases, including mass action defense, civil rights defense (including law enforcement liability), employment law and criminal defense. Hunter has acted as lead counsel in numerous jury trials tried to verdict in various federal and state courts in his more than three decades of practice, including a number of cases of statewide and regional interest.
Recent Published Opinions
- Hennis v. Trustmark Bank, 2010 WL 1904860 (S.D.Miss. May 10, 2010)
- Harold H. Huggins Realty, Inc. v. FNC, Inc., 2009 WL 2449888 (N.D.Miss. 2009)
- Norman Place, LP v. AA Communications, Inc., 2009 WL 2058801 (N.D.Miss. 2009)
- U.S. ex rel. Rigsby v. State Farm Ins. Co., 2009 WL 1045463 (S.D.Miss. 2009)
- Blades v. Countrywide Home Loans, Inc., 2009 WL 903589 (S.D. Miss. 2009)
- Paul v. Landsafe Flood Determination, Inc., 550 F.3d 511 (5th Cir. 2008)
- Capital Business Credit, LLC v. Huntington Fabrics, Inc., 2007 WL 3027442 (N.D. Miss. 2007)
- McIntosh v. State Farm Fire & Cas. Co., 2007 WL 2702700 (S.D. Miss. 2007)
- Veal, et al. v. J. P. Morgan Trust Company, N. A. et al., 955 So.2d 843, Supreme Court No. 2005-IA-00607-SCT (Miss. 2007)
- Price v. Coldwell Banker Real Estate Corporation, 2007 WL 431046 (N.D. Miss. 2007)
- McMaster v. MeritPlan, 2007 WL 892446 (S.D. Miss. 2007)
- Ivey v. Coldwell Banker Real Estate Corporation, 2007 WL 902814 (N.D. Miss. 2007)
- People's Choice Home Loan, Inc. v. Price, 2006 WL 516833 (N.D. Miss. 2006)
- Crawford v. WMC Mortgage Corp. 2006 WL 2095414 (S.D. Miss. 2006)
- J. P. Morgan Chase & Company v. Conegie ex rel. Lee 2006 WL 166686 (N.D. Miss. 2006)
- Murry v. Coldwell Banker Real Estate Corporation, 2006 WL 1626596 (N.D. Miss. 2006)
- Ryan v. EquiCredit Corporation of America, 2006 WL 129957 (S.D. Miss. 2006)
- Fitzgerald v. Equicredit Corp. of America, 2006 WL 839478 (N.D. Miss. 2006)
- People's Choice Home Loan, Inc. v. Price, 2006 WL 516833 (N.D. Miss. 2006)
- People's Choice Home Loan, Inc. v. Citizen, 2006 WL 288116 (N.D. Miss. 2006)
- Toler v. Litton Loan Service, 2006 WL 1303129 (S.D. Miss. 2006)
- Delaney v. Bank of America Corporation, 2004 WL 1553518 (N.D. Miss. 2004)
- Wilson v. Bank of America Corp., N.A., 2004 WL 443881 (S.D. Miss. 2004)
- Hines v. Bank of America Corp., 2004 WL 439997 (N.D. Miss. 2004)
- Lott v. NationsCredit Financial Services Corp., 2004 WL 741681 (N.D. Miss. 2004)
- Scruggs, Millette, Bozeman & Dent v. Merkel & Cocke, 804 So.2d 1000 (Miss. 2001)
- Briarwood, Inc. v. City of Clarksdale, Mississippi, 766 So.2d 73 (Miss. App. 2000)
- Scruggs, Millette v. Merkel & Cocke, 763 So.2d 869 (Miss. 2000)
- City of Clarksdale v. Smith, 736 So.2d 482 (Miss. App. 1999)
- Hooker v. State, 716 So.2d 1104 (Miss. 1998)
- Dunn v. Mississippi State Department of Health, 708 So.2d 67 (Miss. 1998)
- Davis v. Magnolia Lady, Inc., 178 F.R.D. 473 (N.D. Miss. 1998)
- Davis v. Lady Luck, 197 WL 790508, 11 N.D.L.R. 264 (N.D. Miss. 1997)
- City of Clarksdale, Mississippi v. Mississippi Employment Security Commission, 699 So.2d 578 (Miss. 1997)
- McNeil v. Nowell Funeral Services, Inc., 678 So.2d 1015 (Miss. App. 1996)
- City of Clarksdale v. Briarwood, Inc., 675 So.2d 1252 (Miss. App. 1996)
- Lee v. Coahoma County, 937 F.2d 220 (5th Cir. 1991), 986 F.2d 100 (5th Cir. 1993), 37 F.3d 1068 (5th Cir. 1995), cert. denied, 514 U.S. 1066 (1995)
Admitted to Practice
- Mississippi
- United States Court of Appeals for the Fifth and Eleventh Circuits
- Supreme Court of the United States
Education
- University of Mississippi School of Law, J.D., 1972
- University of Mississippi, B.A., English, Psychology and Sociology, 1971
Professional Affiliations
- American Board of Trial Advocates
- The Mississippi Bar Association
- Coahoma County Bar Association, Past-President
- Hinds County Bar Association
- Mississippi Bar Foundation, Fellow; Trustee 2000-2003; President 2007-2008
- Bar Association of the Fifth Federal Circuit
- Defense Research Institute
- International Municipal Lawyers Association, Chairman, State of Mississippi 1990-2003
- Mississippi Municipal Association City Attorneys Section, President 1995-1996
- Mississippi Bar Technology Committee, Charter Member; Chairman 1999-2000, 2000-2001; Executive Committee, 2001-2004
- Mississippi Board of Bar Admissions, (1996-2007)
- William C. Keady American Inns of Court, Master of the Bench; Program Co-Chairman 1998-2003
- Lamar Order, Sustaining Member
Presentations
- "Update on Class Actions and CAFA," The Credit Law Institute in conjunction with The Conference on Consumer Finance Law - Consumer Credit 2009 Seminar, Dallas, TX, 11/2009
- "Bankruptcy Court Claim Developments: What Lenders, Servicers and Law Firms Need to Know to Prevail Against the Latest Claims," American Conference Institute, Residential Mortgage Seminar, Dallas, TX, 10/2009
- "Class Action and Consumer Litigation Update," 8th Annual Consumer Finance Legal Conference, New Orleans, LA, 10/2009
- "E-Discovery Ethics," Technology Solutions for the Mississippi Practitioner - Mississippi Bar Technology Seminar, Jackson, MS, 11/2008
- "Emerging Trends in Class Actions," The Credit Law Institute in conjunction with The Conference on Consumer Finance Law - Consumer Credit 2008 Seminar, Dallas, TX, 11/2008
- "Emerging Trends in Class Actions," 7th Annual Consumer Finance Legal Conference, 10/2008
- "Nightmare on Main Street: E-Discovery, Qualcomm and the (Not So) New Rules - What You Don't Know Can (And Will) Hurt You," Mississippi Bar, 20th Annual Summer School for Lawyers, Destin, FL, 7/2008
- "Broker Liability: Impact of Emerging Fiduciary Obligations on Pending and Future Litigation," American Conference Institute, Subprime Lending Litigation & Regulatory Enforcement, Dallas, TX, 3/2008
- "Emerging Trends in Class Actions, including Recent Developments in the Class Action Fairness Act," The Credit Law Institute in conjunction with The Conference on Consumer Finance Law - Consumer Credit 2007 Seminar, Dallas, TX, 11/2007
- "Preparing for Hurricanes and Other Disasters - Mississippi Hurricane Litigation Update," The Credit Law Institute in conjunction with The Conference on Consumer Finance Law - Consumer Credit 2007 Seminar, Dallas, TX, 11/2007
- "Determining Third Party Liability for Origination Practices: Lenders vs. Brokers," American Conference Institute, Subprime Lending Litigation & Regulatory Enforcement, Washington D.C., 9/2007
- "Metadata for Litigators: E-discovery, Disclosure and Ethical Concerns – What is Metadata? Why should you (and your client) be concerned? How do you produce ESI containing metadata? Scrub it or not? Is it ethical to peek?," Mississippi Bar, 19th Annual Summer School for Lawyers, Destin, FL, 7/2007
- "Class Actions, Arbitration Clauses and Classwide Arbitration," American Conference Institute, Preventing, Defending and Resolving Consumer Credit Litigation, New York, NY, 6/2007
- "Katrina Litigation Surge Floods the Mississippi Courts," Mortgage Servicing & Default Management - American Conference Institute, Washington D.C., 12/2006
- "Aftermath of Hurricane Katrina: New Flood of Hurricane-Related Servicing Issues and Litigation," The Credit Law Institute in conjunction with The Conference on Consumer Finance Law - Consumer Credit 2006 Seminar, Dallas, TX, 11/2006
- "The Class Action Fairness Act: Using Evolving Interpretations to Your Advantage," American Conference Institute, Sixth National Advanced Forum - Winning Strategies for Preventing and Defending Claims, New York, NY, 9/2006
- "Where Do Blogs Fit In Your Firm's Business Strategy," International Legal Technology Association Annual Conference, 8/2006
- "Litigation Skills," Critical Trial Skills For Legal Services Attorneys Seminar, ABA Section of Litigation and National Institute for Trial Advocacy, 5/2006
- "Lessons learned by a Large Firm from Katrina," New Orleans, New Law: Community Revival with Technology, 5/2006
- "Questions (and Some Lessons) from the Mississippi Hurricane Experience - The State's CDBG Grant Recovery Program and the Post-Katrina Storm Surge of Litigation," American Bar Association, Section of Business Law Spring Meeting, Banking Law Section, 4/2006
- "Post-Katrina Litigation in Mississippi," American Bar Association, Section of Business Law Spring Meeting, Consumer Financial Services Section, Tampa, FL, 4/2006
- "The Class Action Fairness Act," The Credit Law Institute in conjunction with The Conference on Consumer Finance Law - Consumer Credit 2005 Seminar, 11/2005
- "Class Action Fairness Act - Preparing for its Impact on Jurisdiction, Discovery Timing and Techniques, Settlement Strategies and Notice Requirements," American Conference Institute, Fifth Annual Consumer Finance Litigation and Class Action Seminar, 9/2005
- "Avoiding and Defending Class Actions and Class Action Fairness Act Workshop," Consumer Credit Insurance Association 54th Annual Meeting, 5/2005
- "The Complete Guide to Litigating Class Actions and Class Action Fairness Workshop," American Conference Institute 4th National Advanced Guide to Consumer Finance Litigation and Class Actions, 4/2005
- "Law Office Management - Tips for the New Practitioner," Mississippi Bar Young Lawyers Division, 10/2003
- "Freedom of Information Act - Third Party Information Requests and the Privacy Act of 1914," Tupelo, MS, 10/2003
- "The Mobile Lawyer - Practicing from the Road," Mississippi Bar Annual Technology Seminar, 10/2003
- "Ask the Experts," Panel Presentation, Mississippi Municipal Association Midwinter Meeting, 1/2003
- "Legal Technology for the Mississippi Lawyer," Mississippi Bar, Northeast Mississippi Regional Bar Meeting, 11/2002
Publications
- "Class Actions: Going Federal," Risk Management Magazine, 5/2010
- "Bankruptcy Court Jurisdiction to Certify a Multi-District Debtor Class Action," The Review of Banking & Financial Services, Volume 26, Number 1, 1/2010
- "Mississippi Commercial lending Law," Commercial Lending Law: A State-By-State Guide, published by the American Bar Association Business Law Section, 7/2009
- "CAFA's Fourth Year Brings Noteworthy Updates," Consumer Finance Law Quarterly Report, Vol. 62, Nos. 1-2, Spring-Summer, 2008
- "E-Discovery and the Ethics of Metadata," The Mississippi Lawyer, Volume LIV, Number 4, May-June 2008
- "eDiscovery 101: What is Metadata and How Do you Produce ESI Containing MetaData?" Digital Matters, The Newsletter of the Technology for the Litigator Committee, Section of Litigation, American Bar Association, Volume 2, Issue 1, Spring 2008
- "Enforceability of Arbitration Clauses in Consumer Class Action Litigation," The Review of Banking & Financial Services, Volume 23, Number 10, 10/2007
- "Beware the Rocky Shoals: Navigating the Uncharted Waters of Electronic Discovery," The Mississippi Lawyer, Volume LIII, Number 3, February-April 2007
- "CAFA's New 'Minimal Diversity' Standard For Interstate Class Actions Creates A Presumption That Jurisdiction Exists, With The Burden of Proof Assigned To The Party Opposing Jurisdiction," 25 Miss. C. L. Rev. 7 (2005), 12/2006
- "Navigating the Uncharted Waters of Electronic Discovery, Part II," The MDLA Quarterly, Volume 30, Number 3, Fall 2006, 9/2006
- "CAFA Enunciates a New Burden of Proof Standard for Federal Jurisdiction," Consumer Financial Services Law Report, Volume 10, Issue 5, 8/2006
- "Navigating the Uncharted Waters of Electronic Discovery, Part I," The MDLA Quarterly, Volume 30, Number 1, Spring 2006, 3/2006
- "Resorting to CAFA's Legislative History Resolves Some Ambiguity," Consumer Financial Services Law Report, Volume 9, Issue 10, 11/2005
- "CAFA Law Blog," www.cafalawblog.com, 9/2005
- "Practitioners Review 'Abstention' Procedure under Sections 1332(d)(3) and (4)," Consumer Financial Services, Volume 9, Issue 2, 6/2005
- "Technology Tomorrow: A Glimpse into the Crystal Ball," The Mississippi Lawyer, Volume XLVII, Number 4, 3/2001
- "2001 - A Legal Technological Oddesy," The Mississippi Lawyer, Volume XLVII, Number 3, 1/2001
- "Solo/Small Firm Handbook," Multiple Chapters, Published by the Mississippi Bar, 2001
- "Mississippi Annexation Law," Lex Press, 1992
