Tres's Profile

Tres is a Shareholder and serves as Chair of the Education practice at Maynard Cooper. He is also a member of several practices in the Firm’s Litigation section.

Tres defends and advises career-focused educational institutions and universities across the country in student and employment class action; Federal False Claims Act suits; ADA, Title IX and employee discrimination allegations; student fraud and educational malpractice claims; state attorney general enforcement actions and other regulatory reviews; accreditation violations; arbitration enforcement; vendor contract disputes; real estate litigation; federal and state program reviews; and, personal injury cases.

His work as a litigator garnered recognition from Alabama Super Lawyers, who listed Tres as a “Rising Star – Civil Litigation Defense.”

He received his J.D. cum laude from the University of Mississippi School of Law and holds a B.B.A. summa cum laude from Mississippi State University.

Tres's Experience

  • Won the dismissal of student’s federal claims under the Higher Education Act, as well as the dismissal of student’s class action claims, while the student’s remaining individual state law claims were successfully compelled to arbitration. Also successfully defended student’s appeal to the 5th Circuit Court of Appeals. Natifracuria Daniels v. Virginia College at Jackson, et al, No. 3:11-CV-496 (S.D. Miss. Nov. 29, 2011) (aff’d Daniels v. Va. College at Jackson, 478 Fed. Appx. 892 (5th Cir. 2012)).
  • Obtained dismissal of class action claims in a case where the students’ claims against a for-profit educational institution were successfully compelled to arbitration and the court ruled that the students waived class action adjudication pursuant to the arbitration provision. Asbell v. Education Affiliates, Inc., et al., No. 3:12-CV-00579 (M.D. Tenn. April 25, 2013).
  • Won an appeal to the Mississippi Supreme Court, in a 9-0 decision, whereby the Supreme Court reversed the lower court’s order granting the students’ motion to invalidate the college’s arbitration provision. Va. College, LLC v. Blackmon, 109 So. 3d 1050 (Miss. 2013).
  • Successfully defended an appeal to the Alabama Supreme Court of the trial court’s order grating our motion to compel the student’s claims to arbitration. Shalundia Dixon, et al. v. Virginia College, No. 2011-195 (Cir. Ct. Mobile County Ala. May 13, 2011) (aff’d Shalundia Dixon, et al. v. Virginia College, No. 1101156 (Ala. May 30, 2012).
  • In both federal and state courts, successfully obtained orders enforcing college’s arbitration provision and, thereby, compelling students’ claims to arbitration. Anderson v. Va. College, LLC, 2012 U.S. Dist. LEXIS 130619 (S.D. Miss. Sept. 13, 2012); Brittany Davis, et al. v. Virginia College of Jackson MS, et al., No. 3:12-CV-510 (S.D. Miss. Aug. 21, 2012); Francisco Rodriguez v. Virginia College, LLC, No. 13083854-S-00 (Magis. Cr. Bibb County Ga. Sept. 23, 2013); Shirley Hughes v. Virginia College, et al., No. 13 GS 2986 (Gen. Sessions Ct. Hamilton County Tenn. Apr. 15, 2013); Kimberly Moore, et al. v. Virginia College of Jackson, et al., No. 251-06-408CIV (Cir. Ct. Hinds County Miss. July 21, 2009); Phillip J. Shelnut, et al. v. Virginia College, L.L.C., et al., No. CV-2007-902009 (Cir. Ct. Jefferson County Ala. Oct. 14, 2008).
  • Obtained defense verdicts in various AAA arbitrations defending student claims alleging that a college’s accreditation was fraudulently concealed and provided no marketability.
  • Won a motion to exclude the testimony and strike the reports of two expert witnesses. Va. College, LLC v. Martin, 2012 U.S. Dist. LEXIS 178132 (S.D. Miss. Dec. 17, 2012).

Tres's Accolades

  • The Best Lawyers in America© for Commercial Litigation (2021-present)
  • Alabama Super Lawyers®, 2012-2013 - Rising Star, Civil Litigation Defense

Tres's Affiliations and Civic Involvement

Affiliations
  • Association of Private Sector Colleges and University
  • American Bar Association
  • Alabama State Bar Association
  • Mississippi State Bar Association
  • Birmingham Bar Association
Civic Involvement
  • Briarwood Presbyterian Church

Admissions

State Bar: Alabama, Mississippi

Education
  • University of Mississippi School of Law
    • (2003, J.D., cum laude; Augustus Longstreet Scholarship; Moot Court Board)
  • Mississippi State University
    • (2000, B.B.A., summa cum laude)

Thursday, August 19, 2021

179 Maynard Cooper & Gale Attorneys Recognized in The Best Lawyers in America© 2022

Maynard Cooper & Gale is pleased to announce that 179 of the Firm’s attorneys have been recognized in the 2022 edition of The Best Lawyers in America©, including 17 who are distinguished as “Lawyer of the Year” in their respective areas of expertise and 48 of the Firm’s younger attorneys...

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Thursday, August 20, 2020

168 Maynard Cooper & Gale Attorneys Listed in The Best Lawyers© in America 2021

Birmingham, AL. (August 20, 2020) Maynard Cooper & Gale is pleased to announce that 168 of the Firm’s attorneys have been recognized in the 2021 edition of The Best Lawyers in America©, a peer-review guide highlighting attorneys with significant achievements in their areas of practice. With 76 practice areas listed...

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Friday, March 13, 2020

MAYNARD COOPER COVID-19 CONTINGENCY PLAN AND TASK FORCE

Dear Clients, In this time of growing concern surrounding the COVID-19 virus, we want to assure our clients that Maynard, Cooper & Gale is prepared with an emergency business contingency plan. We continue to closely monitor developments and prepare to quickly respond and adapt so that we can seamlessly maintain...

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