Marc Ayers represents individual, corporate and governmental clients before state and federal appellate and trial courts throughout the country. Marc is listed in The Best Lawyers in America® and Mid-South Super Lawyers in the field of Appellate Law. He has also represented clients on petitions for certiorari and amicus curiae briefs to the U.S. Supreme Court. Marc has presented oral argument in the Fourth, Eighth, Ninth, Tenth, Eleventh, and D.C. Circuits, and in various state appellate courts in Alabama, Florida, Louisiana, New York, Maryland, Texas and Wyoming.
From 2008-2010, Marc served as Chair of the Appellate Practice Section of the Alabama State Bar. He is board certified in appellate practice by the Florida Bar’s Board of Legal Specialization and Education. Marc is frequently invited to lecture on appellate practice and is the author of several articles on that subject, among others. He was nominated by the Justices of the Alabama Supreme Court to serve on the Alabama Pattern Jury Instructions Committee. Marc is also a member of the Amicus Curiae Committee of the Alabama Defense Lawyers Association, and currently serves as general counsel to the Alabama Senate Republican Caucus.
Prior to joining Bradley, Marc clerked for Alabama Supreme Court Associate Justice J. Gorman Houston, Jr. (1998-99), and later served as Justice Houston’s senior staff attorney (2001-2004). Between those positions, Marc was in private practice, specializing in appellate litigation and constitutional and administrative law. During that time, he also taught as an adjunct professor of law, teaching First Amendment Law, Administrative Law, Public Interest Law, and legal writing/appellate advocacy. His work on statutory interpretation was cited as one of the most pertinent sources that influenced Justice Antonin Scalia and Bryan Garner in their treatise Reading Law: The Interpretation of Legal Texts.
Marc received a B.A. from Florida State University (Philosophy, 1993), and later undertook graduate studies in theology and apologetics at Reformed Theological Seminary. He received his J.D. from Cumberland School of Law at Samford University (1998), where he was the Research and Writing Editor for the American Journal of Trial Advocacy.
Listed in The Best Lawyers in America®, Appellate Practice, 2013-2022 Listed in Mid-South Super Lawyers Appellate, 2016-2021 "Top 50," Birmingham, 2019 Listed in Alabama Super Lawyers Appellate, 2014-2015 "Rising Star" in Appellate, 2011 General Litigation, 2011 Board Certified in Appellate Practice, Florida Bar Board of Legal Specialization and Education Alabama State Bar Leadership Forum, Alumnus, 2011 Listed in Birmingham Magazine “Top Attorneys,” Appellate City of Birmingham vs. Elbow River Marketing, LP (Dec. 8, 2017) Represented an ethanol marketer headquartered in Calgary, Canada, with no office, warehouse, etc. or employees in the City of Birmingham and not doing business in the city, and therefore argued that client was not liable for the assessment of business license tax on its sales to two customers that were either located in or took delivery of products in the city, both via common carrier. Alabama Supreme Court affirmed the trial court ruling. Till v. The Lincoln Nat’l Life Ins. Co., 678 F. App’x 805 (11th Cir. 2017) Obtained affirmance of summary judgment entered by the district court on plaintiff’s ERISA claims for long-term disability benefits. The notable holdings in the case included the court’s finding that its review should be constrained to the administrator’s final decision (as opposed to intermediate determinations), that Lincoln’s reliance on the Dictionary of Occupational Titles was reasonable, and that Lincoln’s structural conflict of interest did not render its decision arbitrary and capricious. Slamen v. Slamen, __ So. 3d __ (Ala. Sept. 22, 2017) Won unanimous reversal of preliminary injunction binding partnership from distributing certain funds during litigation. Nationstar Mortgage LLC v. Goeke, 151 A.D. 3d 1237, 57 N.Y.S.3d 223 (N.Y. App. Div. 2017) Won reversal of judgment dismissing foreclosure action, overcoming string of unfavorable precedent from other jurisdictions concerning the meaning of “borrower” in reverse mortgage cases. This was a question of first impression in the New York appellate courts, and is a substantial victory for financial services entities State Department of Revenue v. Coca-Cola Refreshments, USA, Inc., __ So. 3d __ (Ala. Civ. App., Sept. 8, 2017) Successfully represented client in dispute over a substantial tax assessment concerning related entities filing consolidated returns. The unanimous victory involved overcoming the usual deference due to administrative agencies interpreting their own governing statutes and regulations. Berezovsky v. Moniz, __ F.3d __ (9th Cir. Aug. 25, 2017) Successfully represented client in matter with significant ramifications for the financial services industry nationwide concerning federal preemption of superpriority lien claims by homeowners’ associations in foreclosure actions. U.S. Bank v. Pinkney (N.C., June 9, 2017) Won reversal of Court of Appeals’ ruling from North Carolina Supreme Court in case involving judicial foreclosure. This was an important case for creditors because the Supreme Court ruled that a creditor seeking judicial foreclosure does not have to prove its entire case during the initial pleading and that a party does not have to be a holder of the note to judicially foreclose in North Carolina. Community Management LLC v. Cutten Development L.P. and Davis Development Inc., (Tex., June 9, 2017) Helped obtain summary judgment for clients Cutten Development L.P. and Davis Development Inc. in a $33 million lawsuit related to the sale of an apartment complex in Houston. The summary judgment was upheld on appeal to intermediate appellate court, and the Texas Supreme Court denied review of plaintiff’s petition after Bradley filed an extensive response. Larkin v. Larkin, __ So. 3d __ (Fla. 5th DCA 2017) Obtained reversal of denial of attorney fee award under contractual “prevailing party” fee provision. Crestview Hospital Corp. v. Coastal Anesthesia, __ So. 3d __ (Fla. 1st DCA 2016) Obtained reversal of over $2 million judgment (including punitive damages) against hospital in defamation action concerning meaning of “express malice” and qualified privilege. African Methodist Episcopal Church, Inc. v. Smith, __ So. 3d __ (Ala. 2016) Obtained reversal of two orders denying arbitration in consolidated appeals involving questions of first impression. Brookwood Health Services, Inc. v. State Health Planning & Dev. Agency, __ So. 3d __ (Ala. Civ. App. 2016) Represented client regarding a challenge to the interpretation of certificate-of-need statutes concerning relocation of radiation-oncology services. Meachum v. Bank of New York Mellon Trust Co., 636 F. App'x 210 (5th Cir. 2016) Represented client in matter concerning whether and under what circumstances a lender could abandon a prior acceleration of a debt under Texas law. HealthSouth of Alabama, LLC v. Shelby Ridge Acquisition Corp., __ So. 3d __ (Ala. 2016) Obtained reversal of trial court and intermediate appellate court decision concerning state agency’s approval of a certificate of need to construct inpatient rehabilitation hospital. U.S. Bank National Association, as trustee for Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2004-4 v. Shepherd, ___ So. 3d ___ (Ala. 2015) Obtained full reversal and judgment in client’s favor of $3.92 million judgment (including almost $3 million in punitive damages) stemming from claims of trespass and wantonness. City of Pike Road v. City of Montgomery and Dow Corning Alabama, Inc., __ So. 3d __ (Ala. 2015) Represented client in statutory construction matter concerning police jurisdiction lines and the right to collect taxes in the disputed areas. Ocwen Loan Servicing v. Delvar, 180 So. 3d 1190 (Fla. 4th DCA 2015) Obtained full reversal on question of whether oral loan modification could be supported through a promissory estoppel theory. Cavero v. One West Bank FSB, 617 F. App'x 928 (11th Cir. 2015) Represented client in matter concerning whether the Rooker-Feldman doctrine barred the claims asserted by a mortgagor under numerous federal statutes. Alabama Dept. of Revenue v. Am. Equity Inv. Life Ins. Co., 169 So. 3d 1069 (Ala. Civ. App. 2015) Obtained full affirmance of judgment reversing large business privilege tax assessments. Gorel v. Bank of New York Mellon, 165 So. 3d 44 (Fla. 5th DCA 2015) In question of first impression, the Florida appellate court adopted our argument concerning compliance with mortgage timing requirements concerning default letter. Schaeffer v. Poellnitz, 154 So. 3d 979 (Ala. 2014) Obtained reversal of large compensatory and punitive damages award on claims involving an alleged mismanagement of a trust; judgment rendered in client’s favor. Van Duzer v. U.S. Bank National Assoc., 582 F. App’x 279 (5th Cir. 2014) Represented client in matter concerning various challenges to foreclosure action under Texas law. Scheider v. Deutsche Bank National Trust Co., 572 F. App’x 185 (4th Cir. 2014) Represented client in matter concerning the right to enforce a note and mortgage under South Carolina law. Troy Bank & Trust Co. v. The Citizens Bank, 166 So. 3d 57 (Ala. 2014) Represented client in well-publicized victory involving question of national first impression concerning the applicability of the UCC’s check encoding warranty; obtained reversal of trial court judgment. Foley Hospital Corp. v. Gulf Health Hospitals, Inc., 157 So. 3d 925 (Ala. Civ. App. 2014) Obtained reversal of trial court’s ruling that client’s certificate of need to expand its cardiac catheterization services was invalid. Ex parte GMAC Mortgage, LLC, 176 So. 3d 845 (Ala. 2013) Obtained full reversal of intermediate appellate court ruling concerning jurisdictional requirements of eviction actions. Deutsche Bank Trust Co. America v. Ochoa, 120 So. 3d 735 (La. App. 5th Cir. 2013) Represented client in matter concerning whether action to enforce a promissory note and mortgage was an “executory proceeding” in which the mortgagor was precluded from asserting certain demands for damages, and whether successor was entitled to enforce the promissory note and mortgage. Ex parte STV One Nineteen Senior Living, LLC, 161 So. 3d 196 (Ala. 2014) and Daniel Senior Living of Inverness I, LLC v. STV One Nineteen Senior Living, LLC, 161 So. 3d 187 (Ala. Civ. App. 2011) Obtained full reversal of the state agency’s grant of an “Emergency Certificate of Need” to a senior living facility (and of trial court’s approval of that CON). Bates v. Cohn, 417 Md. 309, 9 A.3d 846 (2010) Represented client in matter of first impression concerning Maryland law directing when a party must bring exceptions to a foreclosure sale. SmithKlineBeecham Corp. v. Alabama, 41 So. 3d 15 (Ala. 2009) Obtained full reversal of $81 million judgment involving question of whether a pharmaceutical company defrauded state Medicaid system; court rendered judgment in client’s favor.