Matthew H. Lembke

Partner

Matt’s experience as an appellate advocate involves briefing and oral argument in dozens of appeals as well as serving on trial teams in major litigation to ensure that appellate issues are properly preserved. Matt has often been called on to serve as appellate counsel in matters where other lawyers handled the trial, including cases with large punitive damages verdicts.

Matt also has extensive experience in handling all aspects of complex trial-level litigation.

Experience
    • HealthSouth Rehabilitation Hospital of Gadsden, LLC v. Honts, --- So. 3d ---, 2018 WL 4656609 (Ala. Sept. 28, 2018)
      In a case handled by another firm at trial, successfully obtained the reversal of an adverse jury verdict of $20 million in a medical malpractice case, based on a ruling that the case had to be remanded for a new trial due to a jury instruction error.

      Ex parte Caremark Rx, LLC, 229 So. 3d 751 (Ala. 2017)
      Successfully obtained a writ of mandamus holding that trial court lacked residual jurisdiction under a prior settlement agreement to require production of documents

      United States v. AseraCare, Inc., 176 F. Supp. 3d 1282 (N.D. Ala. 2016)
      Obtained entry of summary judgment in False Claims Act case brought by U.S. Government against a national hospice provider.

      Ex parte Hill, 225 So. 3d 56 (Ala. 2016)
      In a case handled by another firm in the trial court, successfully obtained a ruling that the trial court failed to adhere to fee contract in awarding opposing counsel $13.25 million in attorneys’ fees.

      Hinrichs v. General Motors of Canada, Ltd., 222 So. 3d 1114 (Ala. 2016)
      Successfully obtained affirmance of trial court’s dismissal due to lack of personal jurisdiction.

      GE Capital Aviation Services Inc. v. Pemco World Air Services, Inc., 92 So. 3d 749 (Ala. 2012)
      In a case handled by another firm at trial, successfully obtained the reversal of an adverse jury verdict of $9.6 million, based on a ruling that judgment as a matter of law should have been entered on fraud claim and that case had to be remanded due to a jury-instruction error on contract claim.

      Ex parte Callan Associates, Inc., 87 So. 3d 1161 (Ala. 2012)
      Successfully obtained a writ of mandamus directing the trial court to dismiss an action involving a claim brought against an investment advisor in connection with a controversy concerning Alabama’s prepaid tuition program.

      City of Birmingham v. Orbitz, 93 So. 3d 932 (Ala 2012)
      Successfully upheld a summary judgment for an online travel company in a tax dispute

      City of Prichard v. Balzer, 95 So. 3d 1 (Ala. 2012)
      Submitted a successful amicus brief on behalf of Jefferson County, Alabama, in support of a key point of state law concerning ability of Alabama counties to seek bankruptcy protection.

      Southeastern Federal Power Customers, Inc. v. Geren, 514 F.3d 1316 (D.C. Cir. 2008)
      In a case arising out of long-running “water war” between Alabama, Georgia, and Florida, successfully overturned district court’s approval of a settlement agreement entered into by the Corps of Engineers.

      Ex parte Cooper Tire & Rubber Co., 987 So. 2d 1090 (Ala. 2007)
      Initial case establishing e-discovery requirements in Alabama.

      Barber v. Jefferson County Racing Association, 960 So. 2d 599 (Ala. 2006)
      Successfully overturned trial court’s ruling that “sweepstakes” machines at local race track did not constitute “gambling” under Alabama law

      Pharmacia Corp. v. Suggs, 932 So. 2d 95 (Ala. 2005)
      Successfully defeated attempt to revive a settled class action in an environmental contamination case.

      BT Securities Corp. v. W.R. Huff Asset Management Co., 891 So. 2d 310 (Ala. 2004)
      Successfully overturned trial court’s denial of a motion to dismiss based upon federal preemption in a securities fraud case.

      Russell Corp. v. American Home Assurance Co., 264 F.3d 1040 (11th Cir. 2001)
      Obtained affirmance of federal district court decision remanding insurance coverage action to state court.

      Russell Corp. v. Sullivan, 790 So. 2d 940 (Ala. 2001)
      Defended textile manufacturer in an environmental action alleging trespass and nuisance claims relating to discharge of textile wastewater into a public lake.  On appeal from a jury verdict in favor of the plaintiffs, the Alabama Supreme Court reversed the judgment in favor of the plaintiffs and rendered judgment in favor of the defendant textile manufacturer.

      Atlanta Casualty Co. v. Russell, 790 So. 2d 664 (Ala. 2001)
      Obtained appellate decertification of insurance class action in the Alabama Supreme Court’s first published opinion applying the state’s class certification statutes.