Experience. Reputation. Results.

Attorney G. Clark Monroe II

Practice Areas

  • Trucking Accidents - Defense
  • Cargo and Freight Claims
  • Transportation Law
  • Insurance Defense
  • Insurance Coverage and Bad Faith
  • Agent Errors and Omissions
  • Law Enforcement Liability Claims
  • Professional Errors and Omissions Defense
  • Premises Liability
  • General Corporate
  • Commercial Litigation
  • Telecommunications
  • Architects, Engineers, Realtors, and Brokers
Martindale-Hubbell | AV Preeminent | Peer Rated for Highest Level of Professional Excellence | Since 2020
Rated By Super Lawyers
TIDA | Trucking Industry Defense Association
IADC | Superior Advocates. Global Perspective.
CLM | Litigation Management Institute | CLMP
Avvo Legal. Easier.
The Gavel | Your Claims Defense Network

Biography

An experienced trial lawyer with a practice spanning truck accident casualty defense, transportation insurance coverage, employment status, cargo and freight claims, and transportation regulatory matters. In addition to the defense of bodily injuries specific to trucking, I routinely handle a wide variety of commercial litigation, construction liability, construction defect, premises liability and medical transport claims. Practice areas also include FLSA collective actions and employment law.

Bar Admissions

  • Mississippi
  • United States Supreme Court
  • U.S. Court of Appeals 5th Circuit
  • U.S. District Court Northern District of Mississippi
  • U.S. District Court Southern District of Mississippi
  • U.S. District Court for the District of Maryland, pro hac vice
  • U.S. District Court for the Western District of New York, pro hac vice
  • U.S. District Court for the Southern District of California, pro hac vice

Education

  • University of Mississippi School of Law, Mississippi
    • Juris Doctor - 1994
    • Honors: magna cum laude
  • University of Mississippi, MS
    • Bachelor of Accountancy - 1990
    • Honors: cum laude

Professional Associations

  • Mississippi Bar Association
  • Trucking Industry Defense Association (TIDA)
  • Transportation Lawyers Association
  • Mississippi Trucking Association
  • International Association of Defense Counsel (IADC) - Transportation Committee
  • International Association of Defense Counsel (IADC) - Rule 702 Committee
  • The Gavel, Your Claims Defense Network® - Co-Chair Construction Committee
  • The Gavel, Your Claims Defense Network® - Transportation Committee
  • Claims and Litigation Management Alliance (CLM)
  • ClaimXchange
  • Conference of Freight Counsel (CFC)
  • Defense Research Institute (DRI)
  • Professional Liability Defense Federation (PLDF)

Published Works

  • Defending Derivative Negligence Claims Against Motor Carriers in Truck Accident Cases, The Transportation Lawyer, July 2023, Vol. 25, Number 1
  • Fifth Circuit rejects “fairly Lenient” conditional certification standard in FLSA claims: Will early scrutiny of “similarly situated” status of independent contractors create a landmark shift for motor carriers facing collective litigation? The Transportation Lawyer, April 2021, Vol. 22, Number 5
  • Fifth Circuit Rejects Lusardi Two-Step Collective Action Certification, The Gavel Strikes, March 2021
  • Risk Mitigation: Limiting Exposure to Sleeper Berth Claims under the FLSA, The Transportation Lawyer, February 2020, Vol. 21, Number 4
  • Writing a Reservation of Rights: A North American Compendium, Mississippi, DRI Legal Point, Defense Research Institute, Updated 2020
  • Federal Arbitration Act: Supreme Court Removes Important Tool for Defending Independent Contractor Litigation, The Transportation Lawyer, April 2019, Vol. 20, Number 5
  • Epic Shift: Strategic Use of Class Waiver Agreements, The Transportation Lawyer, October 2018, Vol. 20, Number 2
  • The Challenge of Implementing Class Waiver Agreements When There is a Pending Class or Collective Action, DRI Covered Events, Nov. 13, 2018, Issue 11.
  • Mississippi Claims Handling Resources, The CLM, 2015
  • The MCS-90 Endorsement: Don’t Call It Insurance, DRI Covered Events, May 2016, Issue 4
  • Duty to Defend Compendium, Mississippi, DRI Legal Point, 2016
  • Mixed Use Employees and the Fair Labor Standards Act, The Transportation Lawyer, December 2015, Vol. 17, Number 3
  • Who’s the Boss? Addressing the Increasing Controversies Associated with the Owner-Operator/Employee Dichotomy, Transportation Law Journal, University of Denver College of Law, Vol. 25, Number 2, (Summer, 2008)

Representative Cases

  • Swales et al. v. KLLM Transport Services, LLC, 985 F.3d 430 (5th Cir. 2021)(establishing on appeal new standard for conditional certification of FLSA collective actions).
  • Cade v. Beard, 130 So. 3d 77 (Miss. 2014)(establishing no duty breached by landowner to protect invitee riding ATV on hunting camp property).
  • American Family Life Assurance Company of Columbus v. Biles, 714 F.3d 887 (5th Cir. 2013)(abstention not warranted by district court; on remand court ordered arbitration of case).
  • Sandford v. Century Sur. Co., 2008 WL 879704 (March 28, 2008)(summary judgment for defendant that intentional action of insured was not an occurrence under policy).
  • Adams v. Cinemark USA, Inc., 831 So. 2d 1156 (Miss. 2002)(no hearing required under MS Rules Civil Procedure on Summary Judgment; resulted in later amendment to rules).
  • Kuehn v. United Van Lines, LLC, 367 F.Supp. 2d 1047 (S.D. Miss. 2005).

Honors

  • Martindale Hubbell: AV Preeminent
  • Mid-South Super Lawyers - Transportation 2016 – Present
  • Mid-South Super Lawyers - Employment 2022 - Present

Classes & Seminars

  • Design v. Construction – who is liable and who is covered? The Gavel Grub Club Webinar, August 2023
  • Admitting Smartphone Data into Evidence at Trial, The Gavel, The Gavel Grub Club Webinar, July 2023
  • After the Accident: Emergency Response, Spotlight: Transportation, Claims and Litigation Management Alliance (CLM), Atlanta, GA, June 22, 2023, Panelist with J. Hubbartt
  • Stranger Things: How to be an Eleven and Defeat the Demogorgons in Vecna’s Upside Down Derivative Trucking Liability Claim, Transportation Lawyers Association Annual Meeting, San Diego, CA, May 2023, Panelist with C. Merrick, S. King and P. Foppe
  • Defending Trucking Cases: De-Weaponizing the CDL Manual and Challenging Adverse Testimony, Strafford Live Webinar, May 4, 2023, Presented with M. Rutherford
  • Accident Investigation and Action Items for Safety Professionals, The Gavel, Claims Boot Camp Webinar for The Gavel Transportation Group, April 2022
  • Duty to Defend and Reservation of Rights, Gavel V Annual Conference, Palm Beach, FL, January 2022, Panelist with Joseph E.B. (Jeb) Stewart
  • Would you like fees with that? – A panel discussion on the state of attorney’s fee claims in actions for cargo damage under the Carmack Amendment, Transportation Lawyers Association Annual Meeting, Squaw Valley, CA, July 2021, Panelist with K. Johnson, C. Roberts, W. Chused
  • Prevention and Defense of FLSA and State Wage Claims; Independent Contractor and Employee Wage Claims, 10th Annual Motor Carrier Industry Meeting, American College of Transportation Attorneys, Chicago, IL, August 2019
  • Navigating Claims of Negligent Hiring and Retention, Transportation Lawyers Association, Chicago Regional Conference, January 2018, Panelist with C. Sizemore and T. Sovik
  • Ethics in Claims Handling, Navigating the Sea of Ethical Claims Handling, The Gavel, Presented to Tyson Foods Claims Department, 2018
  • TLA Cargo: Handle with Care, Transportation Lawyers Association Annual Meeting, Santa Fe, NM, April 2017, Panelist with J. Simmons, F. Marchan, H. Devine
  • Top Challenges for Brokers and Logistics Providers, Transportation Lawyers Association Annual Meeting, Santa Fe, NM, April 2017, Panelist with J. Olsen
  • Independent Contractors: Current Challenges and Risk Mitigation, Wisconsin Motor Carrier Association, April 2017
  • Trucking and Transportation Law: FMCSA and DOT Compliance and More, NBI 2017, Webinar, Panelist with C. Sizemore
  • Recent Changes to U.S. Transportation Law, 27th Annual Conference on Transportation and Innovation and Cost Savings, Toronto Canada, October 2013
  • Bad Faith: What it is and what it isn’t, NBI Insurance Coverage Law Seminar, Jackson, MS, December 2007
  • The Dave Nemo Show, March 6, 2019 (Discussed Federal Arbitration Act, New Prime case, Employment Arbitration, Class Waivers).

Pro-Bono Activities

  • Mississippi National Guard, Major (Retired)
  • Galloway United Methodist Church
  • Assistant Scoutmaster, Troop 1, 2011-2019

Past Positions

  • DunbarMonroe, PLLC, April 1, 2001 – Present
  • Harris Geno & Dunbar, P.A., April 1999 – April 2001
  • Holcomb Dunbar, P.A., May 1994 - April 1999

Certified Legal Specialties

  • Certified Litigation Management Professional (CLMP)