Mike has handled land use and real property litigation matters on a wide variety of subjects. Mike has worked with clients seeking variances for their property and has worked to have property rezoned. Mike has also fought against the annexation of property for a client. Mike has frequently litigated real estate contracts, including disputes over easements and covenants in real estate disputes. Finally, Mike regularly handles condemnation cases.
Working with developers and owners, Mike has also negotiated and closed on the purchase and sale of numerous parcels of land. He also has negotiated numerous commercial leases and worked on issues surrounding affordable and low income housing.
On the environmental side of his practice, Mike has litigated a number of environmental and toxic tort cases involving water and land issues. The cases have included both property damage and personal injury claims. Mike has also appeared on behalf of clients before the Environmental Protection Agency, the Alabama Department of Environmental Management, and local environmental agencies. Mike frequently advises clients on environmental issues outside of the litigation context.
Mike's involvement with land and real estate issues has lead over the years to work involving natural resources and energy. Mike has handled multiple matters relating to title to minerals, including litigation relating thereto, Mike has also helped negotiate several natural resource leases, including solar leases.
Finally, in the area of Mass Torts and litigation, Mike has used his trial experience with over twenty-five cases tried to verdict to assist clients faced with Mass Tort issues. For many years, Mike had lead responsibility for all Ford Motor Company consumer litigation in Alabama. Since 1997, Mike has served as one of the lead counsel for Dryvit Systems, Inc. in its litigation in Alabama and Mississippi. Mike has also litigated asbestos cases in Alabama, as well as in an MDL setting. In these lead counsel positions, Mike has been responsible for managing the defense of hundreds of cases throughout Alabama and Mississippi, and in some instances, in other states in the Southeast.
Bayer v. Saks
Dispute over covenant in real estate transaction.
Davie v. Jefferson County
De Nora Tech, Inc. v. BRAL Holdings, LLC, et. al. , CV-08-672 (N.D. Ala. April 15, 2008).
Real estate seller brought specific performance action against purchaser for failure to perform certain obligations under the contract, including compliance with state environmental regulations. Obtained rescission of the contract and a $1,000,000.00 judgment against the company and the individual owners following summary judgment.
ISK Tecknologies, Inc. v. EnersysDelaware, Inc., et al.
Successful negotiations and settlement of a claim involving lead and acid damage to a manufacturing plant and real property in Alabama.
Obtained several hundred percent increase in original offer in condemnation action by utility.
Construction of Quarries
Represent several clients in relation to construction of quarries.
Fair Housing Issues
Work with municipalities on Fair Housing Issues and issues raised by the Department of Housing and Urban Development.
Advised Daniel Realty Company in the formation and capitalization of a joint venture with Evson, Inc. to build the Lane Parke development in Mountain Brook, Alabama
Negotiated terms of restaurant lease.
Won partial summary judgment enabling tenant in an industrial building to win a favorable settlement.
Represented two entities in Partition actions.
Real Estate Dispute
Assist local companies in convincing City of Birmingham not to condemn their properties for a Stadium. Stadium will go elsewhere saving the client’s property AND increasing the value of the property going forward.
Real Estate Purchase Contracts
Assist company on claims relating to failure to build in real estate purchase contracts.
Recover favorable settlement from title insurer on behalf of landowner after title insurer failed to defend landowner in underlying case.
Represent Nationwide Owner of Commercial Real Estate in several landlord/tenant disputes in Alabama, and Mississippi.
Represent client in theft of timber claim.
Vestavia Annexation Petition
Worked for local professional services firm to oppose annexation.
Notasulga Quarry Re-Zoning
Work to establish new zoning
Subdividing Property and Re-permitting
Assist Mueller Water Products in subdividing property and re-permitting several sites in Bessemer and North Birmingham, Alabama. Including, but not limited to, RCRA Post Closure Permitting.
Denora Tech, Inc. v. BRAL Holdings, Inc., et al.
Obtained a one million dollar verdict in a breach of contract environmental dispute between two companies in Alabama.
Ford Motor Company v. U. S. Die Casting, et al.
Obtained summary judgment on claims of thousands of individuals alleging exposure to volatile organic chemicals from a former large manufacturing plant in Alabama.
In Re: Birmingham Asbestos , 997 F. 2d 827 (11th Cir. 1991)
Toxic Tort asbestos case establishing no liability for controlling producer.
Drum Burial and Whistleblower Investigation
Investigated allegations of historic, illegal burial of waste-containing drums.
Ford Motor Company/Sheffield Die Cast Plant Litigation
Negotiated settlement of an environmental dispute involving volatile organic chemicals and other environmental exposure issues at a very large industrial plant in Alabama; following settlement, worked on the closing transaction for the settlement involving an exchange of property and closure of the plant with ADEM.
Phase 1 Reviews
Assisted concrete company in pursuit of opening a new quarry site and obtaining necessary wetlands permits and drafting environmental covenants.
Assisted real estate owner in analysis of Phase 1s and other environmental conditions in sale of several parcels of real property.
Property damage and personal injury claims involving perchlorchylene and tetrachlorthylene
Long time representation of dry cleaning supply company including advice and consultation on environmental issues and litigation involving property damage and personal injury claims regarding exposure to perchloroethylene and tetra chloroethylene.
Toxic Mold Claims
Obtained summary judgment on toxic mold claims in Alabama and Mississippi.
Assisted Real Estate Developer in analysis of Vapor Intrusion issues in the sale of real property.
Advised client/lessee in connection with remediation of spilled dry-cleaning products in Texas, and in related negotiations with property owner.
Review of Phase 1 and Phase 2 Surveys and a Plan for Development
Assists MetLife with review of Phase 1 and Phase 2 surveys and preparation of a plan for development of a Multi-Use residential/commercial property development in Nashville.
Alexander v. Ford Motor Company
Mass Tort case involving thousands of neighbors making a claim for personal injury damages from a former die casting plant.
Barber v. Business Product Center, Inc. , 677 So. 2d 223 (Ala. 1996)
Keck v. Dryvit Systems, Inc. , 830 So. 2d 1 (Ala. 2002)
Representation of Dryvit Systems, Inc., the nation’s largest synthetic stucco manufacturer, throughout Alabama and Mississippi against claims sounding in products liability, fraud, negligence, and state consumer protection laws. This representation included defeat of a putative class action filed against Dryvit in Alabama state court, removal and transfer of numerous cases from Alabama state courts to an MDL set in North Carolina, and coordination of discovery between MDL and state court matters. Through this representation, we were able to obtain a dismissal of all lawsuits brought by subsequent purchasers of Dryvit clad residential structures based upon the doctrine of Caveat Emptor.
Phuong Doan v. Kirkpatrick Concrete, et al.
Obtained summary judgment on calcium carbonate claim relating to concrete and wrongful death associated with same.
Rice v. Ford Motor Company , 726 So. 2d 626 (Ala. 1998)
Sandusky v. Alagasco
Arbitration of dispute involving contracts compressed natural gas vehicles.
Sheffield v. Ford Motor Company
Toxic Tort case involving local municipalities and developers suing over contamination at a former die casting plant.
Anadon Construction/Chinese Drywall Litigation
Advised home builders and developers on claims involving Chinese Drywall claims.
Represented numerous clients for over 10 years in asbestos litigation in Alabama and in the Multi-District Litigation in the Eastern District of Pennsylvania.
Asbestos litigation for parts supplier.
Dryvit Systems, Inc.
Bradley Arant oversaw the litigation of hundreds of lawsuits and even more unfiled claims relating to allegations of damages resulting from the presence of EIFS on houses. A number of these contained personal injury claims allegedly resulting from exposure to “toxic mold.” We were able to eliminate the personal injury claims from the suits so that the entire focus of the case was on the property damage claims.
Successfully represented a mobile home manufacturing company in allegations concerning formaldehyde exposure in mobile homes.
Jeremy H. Moore v. Dow Chemical Company, et al.
Obtained summary judgment for an international chemical company on benzene exposure claims in Alabama.
Legislation of Toxic Torts and other Litigation Issues
Assist Manufacturer group in drafting new legislation on toxic torts, and other litigation specific issues.
M.A. Bell Company; Mouat Company; Eagle Materials, Inc.; Simpson Technologies; Hickman Williams Co.; Green Brothers Gravel Company
Bradley Arant successfully obtained the dismissals of more than 10,000 silica claims against the M.A. Bell, a manufacturer of silica-based foundry consumables. Bradley has also successfully defended silica exposure claims in Mississippi and Alabama for Mouat Co., Eagle Materials, Inc., Simpson Technologies, Hickman Williams Co. and Green Brothers Gravel Co.
Assist in formation of entities to own multiple franchises.
Assist with negotiations on franchise agreement for franchisees.
Negotiate leases for multiple restaurant owners.
Negotiate leases for shopping center owners with restaurant and bar tenants.
Work on land use-related issues, including re-zoning, parking variances and other variances, for shopping center owners to assist restaurant and bar tenants.
Handle eviction litigation for shopping center owners.