We mourn the passing of retired partner and friend Hobart A. McWhorter, Jr., who passed away on January 6, 2022, at the age of 90. A legendary lawyer and valued member of our firm, Hobart will be sorely missed. Read about his impact and legacy, and read his obituary.
Hobart McWhorter is a retired partner in Birmingham whose litigation practice covered a broad range of complex litigation in both state and federal courts, in and out of Alabama. He had represented both corporate and individual plaintiffs and defendants in a variety of cases including derivative and class action. His trial experience includes securities fraud, construction, environmental, products liability, personal injury, F.E.L.A., insurance defense and commercial litigation.
Hobart is a Fellow in the American College of Trial Lawyers, and has been listed in The Best Lawyers in America for over 20 consecutive years.
Listed in Mid-South Super Lawyers, Business Litigation, 2016 Listed in Alabama Super Lawyers, Business Litigation, 2009–2015 Listed in The Best Lawyers in America® Bet-the-Company Litigation, 2006–2018 Business Litigation, 1987–2005 Commercial Litigation, 2006–2018 Personal Injury Litigation, 1987–2010 Personal Injury Litigation-Defendants, 2011–2018 Listed in Benchmark Litigation, "Litigation Star," Alabama, 2008–2017 Listed in Chambers USA, Litigation: General Commercial, 2003–2012 Listed in B-Metro "Top Lawyers," 2016-2020 Listed in BHM BIZ “Top Lawyers,” 2016 Alabama By-Products Corp. v. Neal, 588 A.2d 255 (Del. Supr. 1991) This case commenced in the Delaware Chancery Court and related to a squeeze out merger of the minority stockholders of Alabama By-Products Corporation. BIC Corporation v. Bean, et al., 669 S0. 2d 840 (Ala. 1995) Wrongful death action representing plaintiffs claiming a BIC lighter was defective in design for failure to incorporate childproof safeguards. Dannie Gean v. FMC Corporation, CV-987-AR-1492-NW (N.D. Ala.) Involved representation of FMC Corp. in a personal injury action regarding an industrial conveyor. E&S Facilities, Inc. v. Precision Chipper Corp., 565 So. 2d 54 (Circuit Court of Jeffery County, Ala. 1990) Represented insured in claims of negligent failure to provide insurance coverage, misrepresentation and bad faith. Erich Mielke v. The Babcock & Wilcox Co., CA-10,020 (N.D. Ala.) Involved the defense of Babcock & Wilcox in an industrial accident resulting in a personal injury. First Virginia Bancshares v. Benson, 559 F.3d 1307 (5th Cir. 1977) Commenced in N. D. of Ala. and related to prosecution of claims for violation of Rule 10(b)(5) & Security Acts in conjunction with an acquisition. Industrial Development Board of Town of Vincent v. Thompson, Hancock, Witte & Assoc., CV No CV-84-G-2485-S (N.D. Ala.) Involved dispute over construction of home office of EBSCO in Shelby County, Alabama. Intercorp, Inc. v. Pennzoil Co., 877 F.2d 1524 (11th Cir. 1989) Involved the prosecution of breach of contract claims and the exclusivity provision in a dealership agreement. Joe Brady & Associates v. Emerson Electric, CV-80-PT-0888-5 (N.D. Ala.) Involved a dealership agreement dispute, breach of contract and unfair competition claims. Schlesinger v. Wallace, 513 F.2d 65 (5th Cir. 1975) Case involved defense of claims alleging breaches of Federal Securities Acts. At 74 days, this was one of longest federal jury trials in Alabama. Sullivan, et al. v. Russell Corp., et al., 703 So. 2d 953 (Ala. 1997) Defense of claims for compensatory & punitive damages relating to discharge of textile dye wastewater into Lake Martin by Russell& Avondale Mills. Those Certain Underwriters of Lloyd's of London Subscribing to Comm. Prop. Ins. v. Industrial Distrib. Serv. Warehouse, Inc., CV-98-2920 (Circuit Ct.of Jefferson County, Ala.) Involved declaratory judgment action. Represented the insured in establishing coverage. Washington Public Power Supply System v. Pittsburgh-Des Moines Corp., 1995 WL 729490 (9th Cir. Dec. 7, 1995) Obtained a jury verdict in a federal court trial in Washington in favor of the defendant construction company in an action alleging breach of a construction contract involving construction of a nuclear power plant containment vessel. The plaintiff sought in excess of $100 million for the cost of repairing allegedly defective work. The defense verdict was recognized by the National Law Journal as one of the nation's top defense verdicts of the year.