Bradley K. Overcash
Practice Areas:
North Carolina Office
South Tryon Square
201 South Tryon Street
Suite 1475
Charlotte, NC 28202-3212
Phone: 704-676-6066
Fax: 704-676-6068
Bradley K. Overcash
BRADLEY K. OVERCASH (Brad) was born in Thomasville, N.C. He received a B.A. degree in political science from the University of North Carolina at Chapel Hill and his Juris Doctorate degree, cum laude, from the University of Mississippi School of Law (Ole Miss). While in law school, he was the recipient of the Judge W. N. Ethridge, Jr. Memorial Scholarship. Mr. Overcash previously practiced in the firm's Jackson and Greenville offices prior to moving back to his home state to open the firm's Charlotte office. He is a member of the North Carolina Bar Association, State Bar of North Carolina, the Mississippi Defense Lawyers Association and the Mississippi Bar Association.
Current Employment Position(s):
- Associate
Bar Admissions:
- North Carolina, 2007
- Mississippi, 2006
- U.S. Court of Appeals 4th Circuit
- U.S. Court of Appeals 5th Circuit
- U.S. District Court Eastern District of North Carolina
- U.S. District Court Western District of North Carolina
- U.S. District Court Middle District of North Carolina
- U.S. District Court Southern District of Mississippi
- U.S. District Court Northern District of Mississippi
Education:
- University of Mississippi School of Law (Ole Miss), 2006
- Juris Doctorate, Cum Laude
- University of North Carolina at Chapel Hill, 2003
- Bachelor of Arts, Political Science
Professional Associations and Memberships:
- North Carolina Bar Association
- State Bar of North Carolina
- Mississippi Bar Association
- Mississippi Defense Lawyers Association
- Defense Research Institute
Past Employment Positions:
- Brinkley Walser, PLLC
- Associate
Publications & Presentations:
- Co-Author with David E. Stovall and M. Madison Taylor, Mississippi and North Carolina chapters, Excess and Umbrella Insurance State-by-State Compendium, Defense Research Institute, published January 2012.
- Co-Author with David E. Stovall, Expert Advocacy: Beyond Selection, The Whisper, Newsletter of the Young Lawyers Committee, Defense Research Institute, Volume 7, Issue 6, July 7, 2011
- Co-Author with David E. Stovall, Beyond the Credentials of Opposing Experts, MDLA Quarterly, Mississippi Defense Lawyers Association, Volume 35, Number 1, Spring, 2011
- Co-Author with David E. Stovall, Chapter 10, The Standard for Ensuring that Reliable Expertise Gets to Jury-Novel Scientific Evidence, Daubert Compendium, Defense Research Institute, published Spring 2011.
- Co-Presenter with David E. Stovall, Select Your Expert | Support Your Expert | Strike the Opposing Expert, Corporate Counsel Committee Lunch and Learn Teleconference Series, Defense Research Institute, May 25, 2011.
- Co-Author with David E. Stovall, Expert Selection is Advocacy, The Whisper, Newsletter of the Young Lawyers Committee, Defense Research Institute, April 29, 2011.
- Co-Author with David E. Stovall, Stubborn Facts in Premises Liability Litigation, Marketer's Update, Mississippi Petroleum Marketer's and Convenience Stores Association, January/March, 2011, Edition.
- Presenter, Risk Management and Legal Liability, Mississippi Primary Health Care Association Clinical Conference, November, 2010.
- Presenter, Risky Situations for Nursing Professionals, Mississippi Primary Health Care Association Clinical Conference, November, 2010.
- Author, "Historical Context Important in Defense of Clients Under the MTCA", MDLA Quarterly, Spring 2010.
Appellate Court Decisions:
Patterson v. McArthur, No. 2009-CA-01037SCT (Miss. 2011)
The Mississippi Supreme Court upheld the trial court's ruling that Plaintiff's experts' opinions concerning the pre-death level of Demerol in the decedent’s system should be stricken, and that summary judgment was warranted. Bradley K. Overcash and Diane Pradat Pumphrey showed on appeal that the trial court's opinion properly relied on the recent Hill v. Mills decision and that the Plaintiff's experts’ opinions did not have a reasonably reliable bases to survive the legal challenge. The Plaintiff’s experts had given opinions concerning the amount of Demerol in the decedent's blood stream that allegedly led to the baby's death could be determined by back-extrapolation from the level of Demerol from a post-mortem blood sample. A Daubert hearing was conducted, and the trial court excluded the Plaintiff's experts' opinions because the Defendants’ experts presented peer-reviewed literature demonstrating that the half-life calculation used by the plaintiff's experts were unreliable. The Defendants’ experts contradicted the Plaintiff's experts' testimony with published, peer-reviewed data, and the Plaintiff failed to respond with evidence showing acceptance and support in the scientific community of the Plaintiff's experts' theories. The trial court struck the Plaintiff’s experts’ opinions and entered summary judgment in favor of Mrs. Pumphrey & Mr. Overcash’s client. The Mississippi Supreme Court upheld the favorable ruling.
Adams v. Baptist, No. 2006-IA-00455-SCT (Miss. 2006)
Brad Overcash and Carl Hagwood secured a successful appellate outcome in Adams v. Baptist Memorial Hospital-Desoto, Inc., et. al. when the Mississippi Supreme Court held in favor of their physician defendants in interpreting a key venue provision of the Mississippi Tort Reform Act.