Grimes v. Rave Motion Pictures Birmingham, L.L.C. 2:07-cv-1397-WMA (N.D. Ala.), filed 2007.
Class certification of putative nationwide class action alleging violations of FACTA relating to improper truncation of account numbers on receipts was denied as to our client.
Harris v. Mexican Specialty Foods, Inc., 564 F.3d 1201 (11th Cir. 2009)
Upholding the constitutionality of FACTA but preserving for a later time the issue of whether awards under FACTA could be held constitutionally excessive.
Ex parte Smith, 942 So. 2d 356 (Ala. 2006)
Case affirming the existence of the attorney-client privilege for outside directors who retain their own counsel.
Joelsongs et al. v. Shelley Broadcasting Co., 491 F. Supp. 2d 1080 (M.D. Ala. 2007) and Simpleville Music et al. v. Mizell, 451 F. Supp. 2d 1293 (M.D. Ala. 2006)
Cases involving the non-applicability of certain defenses to claims for copyright infringement by unauthorized radio broadcast of musical compositions.
BT Securities Corp. v. W.R. Huff Asset Management Co., L.L.C., 891 So. 2d 310 (Ala. 2004)
Opinion affirming the dismissal of state law securities fraud claims as preempted by the Securities Litigation Uniform Standards Act.
AAL High Yield Bond Fund v. Deloitte & Touche LLP, 361 F.3d 1305 (11th Cir. 2004)
Opinion regarding the permissive scope of a bar order under the PSLRA and the controlling effect of pre-PSLRA precedent, an issue later conclusively determined by the Eleventh Circuit in a different case, In re Healthsouth Sec. Litig., 572 F.3d 854 (11th Cir. 2009).
Victor Stephens v. Michael Haley
In 1993, the firm began representing Victor R. Stephens in his post-conviction challenges to his capital conviction and death sentence. In 1987, a Hale County, Alabama, jury had convicted Mr. Stephens of murdering a convenience store owner, who had shot Mr. Stephens during a robbery at the store. The jury recommended a life without parole sentence, but the judge overrode the jury and sentenced Mr. Stephens to death. Initially, the firm served as local counsel. In 1997, Bradley took over as lead and only counsel. Over about 20 years, the firm worked over 3,000 hours representing Mr. Stephens. On October 7, 2011, the U.S. District Court for the Southern District of Alabama ordered the State of Alabama to give him a new trial. Stephens v. Haley, 823 F. Supp. 2d 1254 (S.D. Ala. 2011) (awarding new trial based on prosecution’s Batson violations during 1987 trial). On May 18, 2012, Mr. Stephens pled guilty to a single count of murder and received a life without parole sentence, which overlaps with his life without parole sentence on another 1987 conviction. Mr. Stephens has now been permanently removed from death row.
Environmental Criminal Defense
Advised governmental client in connection with criminal Clean Water Act investigation. Included execution of search warrant by government agents.