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Education
  • The University of Mississippi School of Law, J.D., 1981, cum laude; Phi Delta Phi; Phi Kappa Phi; Comment Editor, Mississippi Law Journal; Pi Kappa Alpha
  • University of Mississippi, B.A., 1978
Bar Admissions
  • Mississippi, 1981
Court Admissions
  • U.S. Supreme Court, 1998
  • 5th Cir., 1984
  • 9th Cir., 2004
  • 11th Cir., 1990
  • D.D.C., 2000
  • N.D. Miss., 1981
  • S.D. Miss., 1983
professionalsBio
Neville Boschert
Partner
Suite 800
190 E Capitol St
Jackson, MS 39201
601.949.4703 tel
601.949.4804 fax

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Neville Boschert is a partner in the firm’s Business & Commercial Litigation Practice Group and practices from the firm’s Jackson office. With 30 years of experience, including a two year clerkship with United States District Judge William C. Keady, Chief Judge of the United States District Court for the Northern District of Mississippi, he has focused his practice on litigation in the areas of antitrust, business torts, trade secrets, covenants not to compete, insurance and products liability-medical devices.

He has been active in the Sections of Litigation Business Torts and the Litigation and Products Liability of the the American Bar Association and has moderated and lectured at their programs on business torts and medical device and pharmaceutical products liability issues. He has also lectured on restrictive covenants and insurance bad faith issues.

Mr. Boschert’s antitrust practice involves litigating claims of monopolization, group boycotts, exclusive dealing contracts, price fixing, price discrimination, and alleged Walker Process fraud and sham litigation involving patents. He has tried both state and federal antitrust cases to verdict and has successfully handled antitrust appeals to the Mississippi Supreme Court and the Fifth Circuit Court of Appeals. In Pennebaker v. Harrahs, a case alleging wrongful opposition to approval of a casino site, he successfully argued that the Noerr-Pennington Doctrine was applicable as a defense to Mississippi state antitrust claims and related business torts. In Martin v. Memorial Hospital at Gulfport, a case involving an exclusive physician contract for nephrology services, he successfully appealed a state action defense issue to the Fifth Circuit under the collateral order doctrine and obtained dismissal of all claims.

Mr. Boschert has prosecuted and defended claims of breach of fiduciary duty by corporate officers and employees to verdict and has successfully appealed fiduciary duty claims to the Mississippi Court of Appeals. He has also enforced covenants not to compete against former employees and business owners and has successfully enjoined unfair competition and misappropriation of confidential information and trade secrets. He was successful in enjoining a manufacturer of kitchen appliances from manufacturing and selling a stand mixer that violated the trade dress of his manufacturer client.

Mr. Boschert’s products liability practice involves pharmaceuticals and medical devices. He recently was Mississippi counsel for a manufacturer of an anti-psychotic medication and helped obtain the dismissal of claims by individuals and state entities. He was also Mississippi counsel for a supplier of thimerosal and successfully defended the client in numerous cases alleging that autism was caused by vaccines containing thimerosal.  He has tried medical device cases to defense verdict and has obtained judgments as a matter of law at trial as well as summary judgments for his clients.  He has successfully defended claims involving a broad array of medical devices including surgical meshes, surgical devices, latex gloves, catheters, pacemakers, pacemaker leads, atherectomy devices, coronary guidewires, neurostimulators, bone screws, dialysis ports, infusion ports, hyper/hypothermia units, patient restraints, power wheelchairs, walkers, and other durable medical equipment.

He represents health insurance companies and third party administrators regarding bad faith denial and claim processing issues. He has successfully tried insurance bad faith claims to verdict and has obtained judgments as a matter of law at trial and summary judgment in favor of insurers. He has also successfully defended claims against insurance brokers involving property insurance coverage issues both at trial and in arbitration.

Noteworthy

  • Listed in The Best Lawyers in America® 2018 (Copyright 2017 by Woodward/White, Inc., Aiken, SC) in the areas of Commercial Litigation, Insurance Law, and Litigation - Antitrust (listed annually since 2011)
  • Named the Best Lawyers'® 2015 Jackson-MS Litigation-Antitrust "Lawyer of the Year"
  • Recognized in "Chambers USA – America's Leading Lawyers for Business" in the area of Litigation: General Commercial (listed annually since 2010)
  • Listed in the 2017 edition of Mid-South Super Lawyers in the area of Business Litigation (listed annually since 2007)
  • AV Preeminent® Peer Review Rating in Martindale-Hubbell

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Presentations

  • “Removal Issues – Tips and Tricks”, June 13, 2013, 26th Annual Medical Device Seminar
  • "Current Issues in Pharmaceutical and Medical Device Litigation", 2011, American Bar Association, Section of Litigation Conference, Co-Chairman, Medical Device Subcommittee
  • "Physician Industry Relations", June 2010, The OrthoTec Conference
  • "Current Issues in Medical Device Litigation", 2007, American Bar Association, Section of Litigation, Products Liability Committee and Mass Torts Litigation Committee

Publications

  • "Supreme Court Narrows the Landscape for Personal Jurisdiction"
    International Association of Defense Counsel Committee Newsletter: Product Liability, November 2017
  • Author, Mississippi Chapter, International Comparative Legal Guide to: Litigation & Dispute Resolution (9th ed. 2016)
  • "Defenses to the Enforcement of a Non-Competition Agreement," The Journal of Proprietary Rights, Vol. 2, No. 11, November, 1990
  • "The Restatement Sections Specifically Applicable to Pharmaceutical and Medical Device Cases in State Court"
    American Bar Association Section of Litigation A 50-State Survey, Mississippi Chapter, 2004
  • "Challenging Expert Witnesses in Pharmaceutical and Medical Device Cases in State Court"
    American Bar Association Section of Litigation Fifty State Survey, Mississippi Chapter, 2002
  • FDCA- Related Tort Causes of Action"
    American Bar Association, Section of Litigation Fifty State Survey, Mississippi Chapter, 2001
  • "Defenses to the Enforcement of a Non-Competition Agreement"
    The Journal of Proprietary Rights, Vol. 2, No. 11, November 1990

Memberships

  • American Bar Association (Member, Co-Chairman, Section of Litigation, Medical Device Subcommittee of the Products Liability Committee, 2008–2011; Chairman, Litigation, Healthcare Litigation Committee, Pharmaceuticals and Medical Device Subcommittee, 1997–2000; Chairman, Litigation, Business Torts Committee, Employment Related Business Torts Subcommittee, 1990–1999; Member, Sections of Antitrust, Tort and Insurance)
  • Capitol Area Bar Association
  • Defense Research Institute (Member, Drug & Medical Device Committee)
  • Federal Bar Association
  • International Association of Defense Counsel
  • The Mississippi Bar