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).
Adams v. Robertson, 676 So.2d 1265 (Ala. 1995) (Appeal from 23(b))
Regarding a class action settlement involving exchanged cancer policies.
BT Securities Corp. v. W. R. Huff Asset Mgmt. Co., 891 So. 2d 310 (Ala. 2004)
Successfully overturned trial court’s denial of motion to dismiss based upon federal preemption in a securities fraud case.
Burke v. Ruttenberg, 317 F.2d 1261 (11th Cir. 2003)
Regarding permissible scope of bar order under the Private Securities Litigation Reform Act.
Central Bancshares of the South, Inc. v. Puckett, 584 So.2d 829 (Ala. 1991)
Regarding scope of covenants not to complete.
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.
Farsian v. Pfizer, Inc., 682 So.2d 405 (Ala. 1996)
Case of first impression in Alabama Supreme Court holding no cause of action for fear of future heart valve failure.
Flying J Fish Farm v. Peoples Bank of Greensboro, 12 So. 3d 1185 (Ala. 2008)
Defended bank and its officers and directors against breach of fiduciary duty, fraud, negligence and other claims associated with the bank’s commercial lending to a catfish farm. Our clients won summary judgment on six out of eight counts at the trial court level. On appeal, the Alabama Supreme Court affirmed the decisions in favor of our clients and reversed the trial court’s ruling on the remaining counts resulting in a complete victory for our clients.
Henson v. HealthSouth Corporation, Case No. CV 2003-1604 (Jefferson Co. Cir. Ct. Aug. 12, 2009)
In the case of Henson v. HealthSouth, a claim was made by an individual taxpayer in the county to void a tax exemption awarded to HealthSouth Corporation in connection with the construction of a new "digital hospital." On remand from the Alabama Supreme Court and after substantial discovery, the case was tried in July 2009 and the court rendered a judgment in favor of HealthSouth upholding the validity of the tax exemption. The plaintiffs did not appeal.
Herricks v. Mutual Life Insurance Company of New York, 294 Ala. 446, 318 So.2d 683 (1975)
Regarding claims on insurance policy where decedent misrepresented application. Summary judgment for client upheld.
In Re: Orthopedic Bone Screw Litigation
Represented a major manufacturer of orthopedic spinal fusion instruments in state and federal court litigation.
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.
McClure v. Undersea Industries, Inc., 685 F.2d 1309 (11th Cir. 1982)
Antitrust case brought by dealer for wrongful termination. Plaintiff’s verdict in trial court successfully reversed on appeal.
Robertson v. Liberty National Life Insurance Company CV-92-021 (Cir. Ct. of Barbour County, Alabama), 676 So. 2d 1265 (Ala. 1995)
In the midst of the so-called “tort-hell” in Alabama in the mid-1990s. Successfully foreclosed nearly 2000 individual fraud and punitive damage actions with a global 23(b)(2) no-opt-out settlement of all claims involving an alleged “cancer policy exchange program” whereby holders of cancer policies were allegedly induced to exchange their old policies for newer ones with different benefits. Successfully defended the settlement on appeal, Adams v. Liberty National, 676 So.2d 1265 (Ala. 1995), obtained dismissal of certiorari by the United States Supreme Court, and has since successfully defended the settlement against numerous collateral attacks.
Simpleville Music, et al. v. Mizell, 451 F.Supp. 2d 1293 (M.D. Ala. 2006)
Regarding copyright infringement by unauthorized radio broadcast.
Waddell & Reed v. United Investors Life Ins., 875 So.2d 1143, 1161 (Ala. 2003)
Regarding a conversion claim resulting in two multimillion-dollar verdicts against Waddell & Reed Financial, Inc., one of which resulted in a multi-million dollar recovery following appeal.
Real Estate Settlement Procedures Act
Successfully defended a major national realtor in a class action alleging violations of RESPA.