Simon v. HealthSouth of Sarasota L.P., 2022 WL 3910607 (11th Cir. Aug. 31, 2022)
Successfully obtained affirmance of a summary judgment order in a False Claims Act retaliation case.
Regional Pool Alliance v. NorthStar Recovery Servs., Inc., 2022 WL 1412362 (Tex. App.—Corpus Christi-Edinburg May 5, 2022)
Orally argued and obtained affirmance of trial court’s order denying governmental immunity for client’s breach of contract claims against governmental entities.
Ex parte Encompass Health Corp., 334 So. 3d 199 (Ala. 2021)
Successfully obtained a writ of mandamus holding that the trial court failed to follow the mandate rule by allowing a party to raise an issue that had not been argued in an earlier appeal.
D2 Excavating, Inc. v. Thompson Thrift Construction, Inc., 973 F.3d 430 (5th Cir. 2020)
Orally argued and obtained unanimous reversal of award of over $250,000 in breach of contract damages – plus several hundreds of thousands in additional interest and fees on that amount – for alleged “excess” excavation under Texas law.
Salek v. SunTrust Mortg., Inc., 812 F. App’x 171 (5th Cir. 2020)
Obtained affirmance of summary judgment in breach of contract case relating to contractual requirement for disbursement of insurance proceeds on language that had not been previously interpreted
Yarbrough v. Decatur Housing Auth., 941 F.3d 1022 (11th Cir. 2019)
Obtained affirmance of summary judgment in client’s favor on plaintiff’s claim of a violation of procedural due process
Yarbrough v. Decatur Housing Auth., 931 F.3d 1322 (11th Cir. 2019) (en banc)
Obtained unanimous reversal of circuit precedent by en banc Eleventh Circuit in case involving whether federal regulation created a private right of action.
Significant experience as member of case work-up teams, taking deposition s and conducting other case-specific discovery representing pharmaceutical manufacturers involved in multi-district litigation.
Obtained summary judgment for manufacturer client on product-liability claims in the Middle District of Alabama
Obtained summary judgment for healthcare client on plaintiff’s fraud claims in Alabama state court
Obtained Rule 12(b)(6) dismissal of putative class action alleging fraud, breach of contract, and negligence against industrial client in the Southern District of Mississippi
Served as appellate counsel at trial for pharmaceutical manufacturer in five bellwether trials in multidistrict litigation and coordinated state court proceeding; helped obtain a JNOV setting aside a $28 million plaintiffs’ verdict in one of the bellwether trials in the Philadelphia Court of Common Pleas
Member of a trial team that obtained a jury verdict in the client’s favor on its claims for fraud and breach of contract in a complex commercial dispute in the Northern District of Alabama
Served as embedded appellate counsel for inpatient rehabilitation hospital in trial in Georgia state court, successfully obtaining judgment as a matter of law on punitive damages