Joel M. Kuehnert

Listed in Chambers USA, Environment, 2018-2023 Listed in The Best Lawyers in America®  Environmental Law, 2012-2024 Litigation – Environmental, 2020-2024 Litigation - Patent, 2023-2024 Listed in Mid-South Super Lawyers, Environmental Litigation, 2016-2020 Listed in Alabama Super Lawyers Environmental Litigation, 2012-2016 "Rising Star," Environmental Litigation, 2011  Listed in B-Metro, "Top Lawyers," 2019-2020 Parallel Networks v. Adidas, et al., (E.D. Texas), Parallel Networks v. Ballard Designs, et al. (D. Del), and Parallel Networks v. Abercrombie & Fitch Co., et al. (Federal Circuit) Successfully defended infringement claims regarding web rendering and applets including JavaScript asserted against Russell Brands and Brooks Sports, Inc. The matter was litigated in the Eastern District of Texas and the District of Delaware and went before the Judicial Panel on Multidistrict Litigation. After the cases were consolidated in the Eastern District of Texas; summary judgment was granted in favor of both Russell and Brooks. Plaintiff appealed and the Federal Circuit upheld the judgment in favor of Russell and Brooks. Patent infringement dispute involving tissue grafts Defense of tissue graft manufacturer in patent infringement litigation pending in the Northern District of Alabama. The lawsuit involves multiple patents pertaining to the processing and composition of placental tissue grafts used in a variety of applications, including wound care. Black Warrior Riverkeeper, Inc. v. Cherokee Mining, LLC, 637 F. Supp. 2d 983, (N.D. Ala. 2009) In a Clean Water Act citizen suit, obtained a ruling that the federal district court lacked subject matter jurisdiction over environmental group’s claims for injunctive relief and civil penalties because those claims had been rendered moot by an administrative consent order issued by the Alabama Department of Environmental Management. Defense of thousands of personal injury claims based on alleged exposure to PCBs Represented Monsanto Company in the defense of thousands of PCB personal injury and property contamination cases in state and federal courts in Alabama. Patent infringement dispute involving financial software Successful defense of Online Resources Corporation, a provider of financial institution software solutions, in patent litigation involving business method and software-related patents. Stambler v. Intuit, Inc., et al. (E.D. Tex.), 2010 Defense of claims that the technology and methods used by defendants to process a variety of financial transactions infringed patents owned by the plaintiff. Cushion Technologies, LLC v. Brooks Sports, Inc. (E.D. Texas), 2008 Defense of running shoe manufacturer, Brooks Sports, Inc., against claims that Brooks’ manufacturing of various running shoes infringed plaintiff’s patent. Ex parte Caremark RX, Inc., 956 So. 2d 1117 (Ala. 2006) In an alleged securities fraud class action, obtained a ruling from the Supreme Court of Alabama that before the trial court could proceed with new class claims of misrepresentation and suppression, the trial court first had to conduct the requisite class certification analysis. Administrative permit appeal Successfully represented a manufacturing client in a permit appeal before the Alabama Environmental Management Commission resulting in the Commission upholding the permit. Trademark licensing Represent The Christian Family Publication, Inc., in the licensing of its trademarks and the franchising of Christian family magazines. Summary judgment in asbestos exposure suit Obtained summary judgment in favor of Cooper Industries in a wrongful death, asbestos exposure lawsuit filed in Alabama state court. Black Warrior Riverkeeper, Inc. v. Cherokee Mining, LLC, 548 F. 3d 986 (11th Cir. 2008) Citizen suit under the Clean Water Act. Ex parte Hanna Steel Corporation, et al., 905 So.2d 805 (Ala. 2004) Supreme Court granted mandamus to change venue in action where residents brought environmental trespass action alleging that particulates discharged into the atmosphere had traveled through the atmosphere and onto residents' property. Kelli Anderson, et al., v. Valspar Corporation, et al., CV-04-1292, Jefferson County, Alabama Circuit Court In chemical nuisance litigation, successfully resolved an environmental mass action involving a paint manufacturer's emissions. Lowery v. Honeywell Intern., Inc., 460 F.Supp.2d 1288 (N.D.AL 2006) Class Action Fairness Act removal where owners of real property brought action in state court against various businesses alleging trespass to person and realty, negligent, wanton, or intentional injury, nuisance, and outrageous conduct. Lynn v. Amoco Oil Company, et al., 459 F.Supp.2d 1175 (M.D. Ala. 2006) Nationwide class action against major oil companies alleging conspiracy involving leaking underground storage tanks. Asbestos litigation Represented numerous clients for over 15 years in asbestos litigation in Alabama and in multidistrict litigation in the Eastern District of Pennsylvania. In re oil spill by the oil rig “Deepwater Horizon” Involved in representation of two defendants in the largest oil spill in the history of the United States. Wylam litigation Successful defense and ultimate settlement of mass tort action in state court involving approximately 1,600 plaintiffs alleging contamination of their properties from air pollution emanating from surrounding industrial facilities. Also settled federal court declaratory judgment action by group of insurance companies.