Jacob O. Malatesta

Jacob O. Malatesta is an attorney and shareholder with the firm and practices from the Jackson and Greenville, Mississippi, offices. He is a native of the Mississippi Delta where he began his legal career practicing in Clarksdale, then Greenville, and settling with his family in Jackson.

Jacob has successfully litigated medical malpractice claims against both hospitals and individual physicians, civil rights claims against governmental entities and their contractors, general liability claims (including property damage claims, dram shop, and premises liability), and extra-contractual liability claims directly against insurers. Jacob’s appellate practice includes numerous victories based on both procedural and substantive law. 

Jacob has also handled cases involving agricultural law, crop insurance, and employment discrimination. Jacob has experience litigating cases in both state and federal courts in Mississippi, North Carolina Tennessee, Arkansas and Alabama, at both the trial and appellate levels and holds the AV Preeminent® Peer Review Rating from Martindale-Hubbell, its highest rating for ethical standards and legal ability. Jacob has also twice been named a Rising Star by the SuperLawyers publication, making him only one of three Rising Star SuperLawyers in medical malpractice litigation in Mississippi. In 2018, he was selected as an official member of the Lawyers of Distinction, a national organization that recognizes excellence in the legal field, and as one of the top 40 legal professionals in the state when named a Leadership in Law honoree by the Mississippi Business Journal.

After obtaining an undergraduate degree in Spanish and English at the University of Mississippi, Jacob graduated cum laude from the University of Mississippi Law School. While in law school, Jacob was a member of Phi Delta Phi, an honorary legal fraternity. He was selected by his peers as a member of the Moot Court Board and later elected as a member of the Executive Board where he served as Appellate Advocacy Chairman. Jacob was also selected by his professors to participate in the Duberstein National Bankruptcy Moot Court Competition. He was later named Moot Court Member of the Year by the Moot Court Executive Board and inducted into the Order of Barristers.

Jacob lives in Jackson, Mississippi, with his wife, Christy, their sons, Peter and Andrew, and their dog, Yazoo. He is a member of St. Francis of Assisi Catholic Church. In his free time, Jacob enjoys hunting, fishing, and serving as a beleaguered Ole Miss fan by spending warm fall Saturdays in The Grove.

Education

  • J.D., cum laude, University of Mississippi School of Law, 2008
  • B.A., English and Spanish, University of Mississippi, 2005

Bar and Court Admissions

  • Alabama State Courts
  • Arkansas State and Federal Courts
  • Georgia State Courts
  • Mississippi State and Federal Courts
  • Mississippi Choctaw Tribal Court
  • North Carolina State and Federal Courts
  • Oklahoma Western District Federal Court
  • Tennessee State and Federal Courts
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit

Honors and Awards

  • Midsouth Super Lawyers, Rising Star; Medical Malpractice Litigation, 2016 – 2023
  • Martindale Hubbell, AV Preeminent® Peer Review Rating, 2012 – 2023
  • Leaders in Law, Mississippi Business Journal, 2018
  • Fellow, Litigation Counsel of America

Professional & Community Affiliations

  • Arkansas Bar Association
  • Capitol Area Bar Association
  • Claims and Litigation Management Alliance
    • Professional Liability Committee
    • Medical Liability Committee
  • Defense Research Institute
    • Medical Liability and Healthcare Law Committee
      • Vice Chairman of Publications
      • Steering Committee, 2019 Medical Liability Seminar
  • Litigation Counsel of America
  • Mississippi Bar Association
  • Mississippi Defense Lawyers Association
    • Board of Directors (2018-2019)

Published Decisions

  • Pulliam v. Alfa Life Insurance Company, 309 So.3d 1118 (Miss. Ct. App. 2020)
  • Crowe v. GGNSC Ripley, LLC, 318 F. Supp. 3d 970 (N.D. Miss. 2018)
  • Patton v. J & K Logging, L.L.C., 691 F. App’x 189 (5th Cir. 2017)
  • Davis v. Blaylock, 212 So. 3d 755 (Miss. 2017)
  • The Univ. of Mississippi Med. Ctr. v. Littleton, 213 So. 3d 525 (Miss. Ct. App. 2016)
  • Taylor v. Delta Reg’l Med. Ctr., 186 So. 3d 384 (Miss. Ct. App. 2016)

Unpublished Decisions and Result

  • Rowe v. Duke, et al., County Court of Pike County, (May 2022)
    • Jury Trial – Verdict in favor of clients for breach of contract of $190,000
  • Smith v. University of Mississippi Medical Center, Hinds County Circuit Court (March 2022)
    • Voluntary Dismissal after expert discovery
  • Johnson v. University of Mississippi Medical Center, Hinds County Circuit Court (December 2021)
    • Grant of summary judgment after extensive discovery
  • Woods v. Pryor, Hinds County Circuit Court (July 2021)
    • Dismissal Pursuant to Rule 41 for Failure to Prosecute
  • Jones v. University of Mississippi Medical Center, Hinds County Circuit Court (July 2021)
    • Voluntary Dismissal after deposition of plaintiff’s expert
  • Simpson v. University of Mississippi Medical Center, Hinds County Circuit Court (March 2021)
    • Voluntary Dismissal after expert disclosure and motion to dismiss
  • Wilson v. Lexington Manor Senior Care, Holmes County Circuit Court (December 2020)
    • Obtained order granting motion to compel arbitration after court ordered discovery
  • Hammond v. Wheeler, et al., Leflore County Circuit Court (November 2020)
    • Voluntary Dismissal after disclosure of expert testimony by the plaintiff
  • Greer v. University of Mississippi Medical Center, Holmes County Circuit Court (October 2020)
    • Summary Judgment- lack of a proper expert to testify against treating physician.
  • Williams v. Rosedale Family Medical Center, Bolivar County Circuit Court (October 2020)
    • Voluntary Dismissal after three years of litigation due to plaintiff’s failure to identify a proper expert
  • Narvaez v. University of Mississippi Medical Center, Hinds County Circuit Court (August 2020)
    • Voluntary Dismissal in lieu of putting expert up for deposition.
  • Complete Medical Solutions v. Family Health Centers, Arbitration (July 2020)
    • Dismissal of Damages-All extra-contractual damages dismissed after 7 day hearing.
  • Williams v. IOC-Lula, Inc., Circuit Court of Coahoma County, Mississippi (January 2020)
    • Dismissal-failure to properly add defendant and improper service of process
  • Davin v. Resolution Management Consultants, Eastern District of Tennessee (December 2019)
    • Voluntary Dismissal in lieu of responding to Motion to Compel 
  • Jones v. IOC-Lula, Inc., Circuit Court of Lee County Arkansas (October 2019)
    •  Dismissal-Lack of personal jurisdiction
  • Davin v. Resolution Management Consultants, Eastern District of Tennessee (June 2019)
    • Dismissal for Failure to State Tort Claims arising from Professional Contract
  • Higgs v. Brian Center Health and Rehabilitation, et al., Eastern District of North Carolina, (February 2018)
    • Dismissal of Upper Level Corporate Entities and Denial of Motion to Remand.
  • Krista Shalda v. SSC Waynesville Operating Company, LLC, Eastern District of North Carolina (January 2018)
    • Overturned default then successfully defended removal and compelled arbitration, resulting in very favorable settlement
  • Anderson v. South Sunflower County Hospital, Southern District of Mississippi (July 2018)
    • Dismissal-Failure to Properly Serve Pre-Suit Notice
  • Sanders v. Rafique, Leflore County Circuit Court, Mississippi (February 2018)
    • Dismissal-Failure to serve process
  • Iler v. Omega Psi Phi Fraternity, Inc., Simpson County Circuit Court, Mississippi (November 2017)
    • Summary Judgment-Dram Shop Liability of all entities, national and local
  • Angle v. Wade, Grenada County Circuit Court, Mississippi (August 2017)
    • Jury Trial – Defense Verdict in Favor of ER Physician
  • Collins v. Westbrook, Leake County Circuit Court (May 2017)
    • Voluntary Dismissal after revealing social media information before deposition
  • Jackson v. Transcare Ambulance, Grenada County Circuit Court, Mississippi (March 2017)
    • Dismissal-Failure to serve process
  • Patton v. J&K Logging, LLC, Southern District of Mississippi (November 2016)
    • Summary Judgment – Timber Trespass and Ordinary Negligence Claims
  • Nickerson v. The Univ. of Mississippi Med. Ctr., Hinds County Circuit Court, Mississippi (August 2016)
    • Bench Trial – Defense Verdict in Favor of Hospital Physicians and Nurses
  • Coach v. Doolittle, Washington County Circuit Court, Mississippi (February 2016)
    • Summary Judgment – Failure to Serve Process
  • Easley v. Portner, Washington County Circuit Court, Mississippi (November 2015)
    • Summary Judgment – Dismissal of physician due to lack of expert proof
  • Taylor v. The Univ. of Mississippi Med. Ctr., Hinds County Circuit Court, Mississippi (August 2015)
    • Bench Trial – Defense Verdict in Favor of Hospital Physicians and Nurses
  • Stoker v. Miss. State Tax Comm’n, Southern District of Mississippi (September 2014)
    • Dismissal – Failure to State a Claim, Limitations Period Lapsed 
  • Kingsbury v. Westlake Mgmt. Co., 2014 WL 3778908 (W.D. Okla. July 31, 2014)
    • Dismissal of Purchasing Nursing Home Company from Alter Ego Claims
  • Hanback v. GGNSC Southaven, LLC, 2014 WL 3530613 (N.D. Miss. July 15, 2014)
    • Dismissal of Parent Companies for Lack of Personal Jurisdiction
  • Smith v. Cepino County Court of Hinds County, Mississippi (March 2012)
    • Jury Trial-Defense Verdict in Favor of Driver Who Rear-Ended Plaintiff

Presentations

  • “Wait, Who Do I Represent? – An Update on Hartford and Moeller” Presenter, Joint Seminar of Mississippi Claims Association and Mississippi Defense Lawyers Association, Jackson, Mississippi, October 16, 2014
  • Legal Trends in Arbitration, Speaker, Litigation Risk and Defense Strategies for Long Term Care & Assisted Living Providers, Insurers, Brokers Conference, New Orleans, Louisiana, March 2017
  • Using the Facebook Archive in Long-Term Care Litigation, Presenter, LTC Risk Legal Forum, Las Vegas, March 2018
  • Obtaining and Using Social Media Evidence, CLE Presenter, National Business Institute, Facebook, Twitter, Instagram, Email, and Smartphone Evidence: the Ultimate Guide, Jackson, Mississippi, June 2018
  • How to Explain Why Subpoenas Won’t Work in Social Media Discovery to Hard Headed Attorneys, Presenter, Annual Meeting Mississippi Paralegals Association, Jackson, Mississippi, September 2018
  • Understanding Recent Rule Changes, Statutes, and Case Law for Social Media Evidence CLE Presenter, National Business Institute, Social Media, Smartphones and Other Electronic Evidence – Developments and Case Law You Must Know Now, December 2018 Webinar
  • Real World Examples, Handy How-To’s, and Sample Screenshots and Legal Ethics and ESI, CLE Presenter, National Business Institute, How to Get Your Social Media, Email, and Text Evidence Admitted, June 2019
  • Social Media Investigations for Claims Personnel and Attorneys, Co-Presenter CLM Webinar, August 15, 2019
  • Where to Click and What to Send: Investigating and Obtaining Social Media Evidence, Presenter, Joint Seminar of Mississippi Claims Association and Mississippi Defense Lawyers Association, Jackson, Mississippi, October 31, 2019
  • Don’t Click That: Ethical Issues in Social Media Investigations and Discovery, Presenter, Joint Seminar of Mississippi Claims Association and Mississippi Defense Lawyers Association, Jackson, Mississippi, October 31, 2019
  • Rural Hospital Claims from Start to Finish, Presenter, Mississippi Rural Health Association’s Annual Meeting, November 20-22, 2019
  • Understanding Recent Rule Changes, Statutes, and Case Law for Social Media Evidence CLE Presenter, National Business Institute, Social Media, Smartphones and Other Electronic Evidence – Developments and Case Law You Must Know Now, January 2020 Webinar
  • The Rise of Telehealth, Co-Roundtable Presenter, CLM Focus Conference for Professional Liability, Chicago, Illinois, October 20, 2021