Justin McDonald seeks to provide matter-of-fact and efficient advice in the matters entrusted to him. He enjoys maintaining something of a general, trial practice.
As a product liability lawyer, Justin manages and tries cases across the country including in Alabama, Arizona, Arkansas, Georgia, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Tennessee, Oklahoma, South Carolina and Virginia. He has handled to resolution over 200 products liability cases as lead counsel. His experience includes:
20 years as lead trial attorney for a portfolio of cases on a regional basis
Significant trade secret and protective order issues
Innovative Daubert challenges to expert witnesses
Justin also has over 20 years of experience with natural resources matters representing a natural gas utility, coal mines and natural gas and oil producers. His experience includes:
Advising coal mines on subsidence statutes, regulations and lawsuits
Defense of a major oil company against allegations that hundreds of coalbed methane gas wells converted natural gas for more than a dozen years
Representation of an Alabama coal mine as plaintiff against one of the world's leading manufacturers of hydraulic support shields
Authored legislation establishing the exclusive remedies for subsidence damage from longwall coal mining in Alabama
Structuring attack of opposing experts in nationwide underground storage tank class action
Listed in The Best Lawyers in America®, Product Liability Litigation – Defendants, 2012-2022 Listed in Mid-South Super Lawyers, Personal Injury General: Defense, 2016-2020 Listed in Alabama Super Lawyers, Personal Injury General: Business, 2015 Listed in B-Metro, "Top Lawyers," 2019-2020 Manages and tries cases across the country including in Alabama, Arizona, Arkansas, Georgia, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Tennessee, Oklahoma, South Carolina and Virginia. He has handled to resolution over 200 products liability cases as lead counsel. Joined a client’s in-house counsel group part-time during its acquisition by a competitor. Sweeten v. Cooper Tire & Rubber Co., 2017 WL 11179632 (W.D. Ark.) – Successful motion for entry of protective order of confidentiality. Sims v. Cliffs Resources, Inc., 2017 WL 4122477 (N.D. Ala.) – Summary judgment applying Alabama’s exclusive coal mining subsidence remedies. Bice v. Cooper Tire & Rubber Co., 2016 WL 6875973 (M.D. Tenn.) – Summary judgment granted tire manufacturer for lack of proximate cause where plaintiff entered Interstate on foot. Emergency Response Specialists, Inc. v. CSA Ocean Sciences, Inc., 2015 WL 1865453 (N.D. Ala.) – Successful motion to dismiss fraudulent enrichment claim. Manley v. Ford Motor Co., 17 F.Supp.3d 1375 (N.D. Ga. 2014) – Successful fraudulent joinder removal and denial of motion to remand. Frausto v. Cooper Tire & Rubber Co., 2014 WL 3496767 (M.D. Tenn.) – Successful motion to strike opposing fact witness posing as expert. Goodwin v. Cooper Tire & Rubber Co., 2013 WL 12411250 (S.D. Miss.) – Successful denial of motion to strike in-house, unretained expert witness. Fletcher v. Cooper Tire & Rubber Co., 2013 WL 3874443 (M.D. Ala.) - Established diversity jurisdiction based on fraudulent joinder and realignment of resident defendants. Hines v. Cooper Tire & Rubber Co., 2012 WL 4959614 (M.D. La.) - Successful motion to apply Louisiana law which does not provide for punitive damages. Allen v. Cooper Tire & Rubber Co., 2011 WL 3444247 (W.D. Ark.) - Denial of motion to add non-diverse party to preserve federal jurisdiction. Logan v. Cooper Tire & Rubber Co., 2011 WL 4915854 (E.D. Ky.) - Defeated Daubert motion to exclude lead defense expert. Cooper Tire & Rubber Co. v. Phillips County Cir. Ct., 2011 Ark. 183 (2011) - Obtained mandamus relief from Arkansas Supreme Court to prevent threatened disclosure of company-wide design information, manufacturing processes, and other trade secrets. LaPenna v. Cooper Tire & Rubber Co., 2011 WL 2669469 (M.D. Ala.) - Successful 28 U.S.C. 1404(a) transfer of venue. Logan v. Cooper Tire & Rubber Co., 2011 WL 2453491 (E.D. Ky.) – Summary judgment on punitive damages based on product design choice. Reyes v. Cooper Tire & Rubber Co., 2010 WL 9073128 (E.D. La.) - Favorable ruling that protective order of confidentiality should not contain “sharing” provision. Mercedes-Benz U.S. International, Inc. v. Cobasys, LLC, 605 F.Supp.2d 1189 (N.D. Ala. 2009) - Denial of preliminary injunction filed by vehicle manufacturer against supplier of hybrid battery technology. Cruz v. Cooper Tire & Rubber Co., 2009 WL 4016606 (W.D. Ark.) - Successful forum non conveniens transfer to Mexico. Bradley v. Cooper Tire & Rubber Co., 2008 WL 5156616 (S.D. Miss.) - Grant of discovery from opposing counsel to pursue violation of protective order of confidentiality. Maconeghy v. Cooper Tire & Rubber Co., 2008 WL 4811398 (S.D. Ala.) - Fraudulent joinder removal opinion in product liability case. Nichols v. Cooper Tire & Rubber Co., 2007 WL 2475934 (N.D. Miss. 2007) - Successful fraudulent joinder argument and removal in product liability case. Ex Parte Cooper Tire & Rubber Co., 987 So. 2d 1090 (Ala. 2007) - Initial case establishing e-discovery requirements in Alabama. Lynn v. Amoco Oil Co., 459 F.Supp.2d 1175 (M.D. Ala. 2006) - Summary judgment obtained on conspiracy claim in putative nationwide class action involving leaking underground storage tanks. Dominguez-Cota v. Cooper Tire & Rubber Co., 396 F.3d 650 (5th Cir. 2005) - Creating circuit split on whether district court may dismiss based on forum non conveniens before determining subject matter jurisdiction. McGhee v. Martin, 892 So. 2d 398 (Ala. Civ. App. 2004) - Summary judgment under Alabama’s co-employee statute for all individual Michelin employees in which Court clarified Alabama's Rule 56(f) law. Shepherd v. Michelin Tire Corp., 6 F. Supp. 2d 1307 (N.D. Ala. 1997) - Exclusion of plaintiff's human factors expert under Daubert resulting in summary judgment. Everett v. MTD Products, Inc., 947 F. Supp. 441 (N.D. Ala. 1996) - Fraudulent joinder opinion in product liability case.