Daniel Kaufmann

Listed in Alabama Super Lawyers, "Rising Star," Personal Injury Medical Malpractice: Defense, 2013-2015 Listed in The American Lawyer & Corporate Counsel magazine as a “2013 Top Rated Lawyer in Commercial Litigation” Listed in The Best Lawyers in America® Litigation – Health Care, 2018-2024 Litigation – First Amendment, 2018-2024 Personal Injury Litigation – Defendants, 2018-2024 Medical Malpractice Law – Defendants, 2020-2024 Martindale-Hubbell® AV Preeminent Rated ABA Litigation Section Advanced Planning Leadership Program, 2011 ABA Business Torts Committee, Outstanding Subcommittee Chair Award, 2011 Successful defense of E.R. physician in wrongful death action Obtained a defense verdict from a Jackson County, Alabama, jury in a wrongful death case. Case involved allegations that an emergency room physician failed to detect the presence of an aortic aneurysm. The patient, a teenager complaining of chest pain, tragically died when the aneurysm ruptured five months after his visit to the emergency room. The defense argued that the physician met the standard of care by performing a thorough physical examination, ordering a urine drug screen, and obtaining negative chest x-rays. The jury deliberated less than two hours before returning its verdict. Richard Allen v. Mary Barksdale, No. 1080242 (Alabama Supreme Court on appeal from Circuit Court, Montgomery County, Ala. CV07-900654) Successful participation as amicus curiae for state prisoners seeking access to incident reports from Alabama Department of Corrections under Alabama’s Open Records Act. Freddie Roach v. WAFF 48, Raycom Media, Inc., et al., CV05-278 (Circuit Court Colbert County, Ala.) Represented TV station and reporter in libel action by University of Alabama football player against Huntsville television station. Edward W. Smith v. The Huntsville Times and David Person, 888 So.2d 492 (Ala. 2004) Successful defense of libel action by police officer against The Huntsville Times, affirmed on appeal. The City of Huntsville d/b/a Huntsville Utilities v. ProLiance Energy, LLC, et al., 5:02-cv-1296-VEH (N.D. Ala.) Successful jury trial under RICO and other theories against natural gas supplier. Verdict of $33 million obtained for public utility. Paige Farris Fowler v. Allen Francis Long, M.D., et al. (Circuit Court of Colbert County, Ala.) Successfully defended physician in two-week jury trial involving wrongful death claim. Plaintiff requested $5 million in punitive damages during closing argument. Jury returned a defense verdict after deliberating for two days. Donald Hughley v. Frederick Cason, M.D., CV06-49 (Circuit Court Madison County, Ala.) Obtained summary judgment for physician in wrongful death lawsuit. Plaintiff contended that physician committed malpractice by cutting bowel during open laparoscopic procedure. Jeff Hughes v. TimesDaily, CV08-310 (Circuit Court Lauderdale County, Ala.) Defended newspaper in libel lawsuit alleging false identification of plaintiff. Newspaper published that plaintiff was arrested during local drug sting. Successfully obtained summary judgment for newspaper. Madison County Communications District v. BellSouth, 06-cv-1786-CLS (N.D. Ala.) Represented local 911 center in dispute addressing collection and remittance practice of 911 fees by telecommunication carrier. Obtained declaratory judgment and injunction for 911 center forcing carrier to change policies and procedures concerning 911 fees. James Harper v. American Airlines, 09-cv-318-Y (N.D. Ala.) Represented carrier in purported class action alleging violations of Montreal Convention. Successfully obtained order transferring case to carrier’s home venue in Texas. Successfully defended surgeon in wrongful death trial Prevailed in the defense of a surgeon in a week-long wrongful death trial in Limestone County, Alabama. The plaintiffs claimed that the surgeon had made assurances to their mother as to the type of anesthesia which would be used in a toe amputation surgery. The elderly patient died on the morning after the surgery. The defense contended that no promises or assurances were made by the surgeon as to the anesthesia modality, that the use of general anesthesia was explained to the patient by the anesthesiologist and that the patient who was of sound mind executed a consent form authorizing the use of general anesthesia. The defense also maintained that the use of general anesthesia medications propofol and desflurane did not cause or contribute to the patient's death. Trial court entered judgment as a matter of law in favor of client. HealthSouth v. former CEO, and outside advisors In October 2008, HealthSouth reached a settlement against its former investment bank, through which HealthSouth received $100 million in cash, in addition to the release of counterclaims and a $33 million judgment. The company’s claims against its former CEO, Richard Scrushy, were tried for two weeks in May 2009, after which the trial judge issued an opinion awarding the company over $2.8 billion in damages. T-Mobile South, LLC v. Bonet - So. 3d -, 2011 WL 6004616 (Ala. 2011). The Alabama Supreme Court unanimously affirmed a $2 million judgment in favor of Alabama's 911 Board against T-Mobile for failing to pay 911 fees on prepaid cellular phones. T-Mobile filed a lawsuit challenging whether Alabama’s 911 law applied to its prepaid customers. The circuit court held that the law applied and entered a $2 million judgment in our client’s favor. The case, besides definitively resolving the important statutory issue going forward, will result in over $8 million to the state's 911 system, when escrowed service charges from other cellular carriers are considered.