E. Mabry Rogers

American Bar Foundation, Fellow American College of Construction Lawyers, Fellow Construction Lawyers Society of America, Fellow Listed in Who's Who Legal  Thought Leaders: Construction, 2019-2020 Construction, 2011-2023 Code Appeals Board, Jefferson County, AL, 2008-2015 Code Appeals Board, City of Birmingham, AL 2008-Present Listed in The Best Lawyers in America® Arbitration, 2011-2024 Construction Law, 2003-2024 Litigation – Construction, 2011-2024 Mediation, 2011-2024 "Lawyer of the Year," Birmingham, Construction Law, 2011, 2020 "Lawyer of the Year," Birmingham, Litigation – Construction, 2015 "Lawyer of the Year," Birmingham, Arbitration, 2016, 2021 Listed in Chambers USA  Construction, 2020-2023 Litigation: Construction, 2006-2019 Listed in Mid-South Super Lawyers  Construction Litigation, 2016-2023 Listed in Alabama Super Lawyers, Construction Litigation, 2009-2015 2015 Client Choice Award for Excellence in Client Service BTI Client Service All-Star, 2011, 2014-2016, 2018 BTI Client Service All-Star MVP, 2016 Listed in Birmingham Business Journal, "Who's Who in Construction," 2004 Employer of the Year, National Association of Women in Construction, 1991 Listed in Birmingham Magazine “Top Attorneys" Construction, 2014-2016 International Law, 2015 Listed in B-Metro "Hall of Fame," 2019 "Top Attorneys," 2020 Bank of Tokyo-Mitsubishi, Ltd. New York Branch v. J.A. Jones Construction Company, Inc., SDNY, 1988 WL 283355 (S.D.N.Y.1998) Bank of Tokyo-Mitsubishi, Ltd. New York Branch v. Kvaerner a.s. et al., N.Y. Appeal Division, 671 N.Y.S.2d 905 (N.Y.App.Div. 1998) BE&K Construction Co. v. United Brotherhood of Carpenters and Joiners of America, AFL-CIO; United Paperworkers International Union, AFL-CIO, 8th Cir., 90 F.3d 1318 (8th Cir. 1996) Blount Brothers Corporation v. Lafayette Place Associates and others, 399 Mass. 632 (Mass. Sup. Ct. J. 1987) Blount, Inc. v. The United States and Hensel Phelps Construction Co., 22 Cl.Ct. 221 (1990) Blount, Inc. v. United States, 22 U.S. Cl. Ct. 221 (1991) Gibbs & Hill, Inc. v. Harbert International, Inc., S.D.N.Y., 745 F. Supp 993 (S.D.N.Y. 1990) Jefferson County Pharmaceutical Association v. Abbott Labs, 460 U.S. 150, reh. denied, 460 U.S. 1105 (1983) (Robinson Patman Act) Suit against public hospital and pharmaceutical companies claiming that hospital purchased pharmaceuticals at prices lower than private sector retail pharmacies. Metropolitan Life Insurance Company v. Forrester, Ala.Civ.App., 437 So. 2d 535 (Ala.Civ.App. 1983) Metropolitan Life Insurance Company, et al. v. W.G. Ward, Jr., et al., 470 U.S. 869 (1985) Quality Tooling, Inc. v. The United States, Fed. Cir., 47 F.3d 1569 (Fed. Cir. 1995) The City of Meridian, Mississippi v. Algernon Blair, Inc. et al.., 5th Cir., 721 F.2d 525 (5th Cir. 1983) Stone & Webster, Inc. v. AES Frontier, L.P., AES Wolf Hollow, L.P., The AES Corporation, and Parsons Energy & Chemicals Group, Inc., 2005 WL 1654875 (Tex. App.—Fort Worth, July 12, 2005, pet. denied, 49 Tex. Sup. Ct. J. 27 (April 28, 2006)) Vulcan Painters v. MCI Constructors, 11th Cir., 102 F.3d 554 (11th Cir. 1996) Lawyer for Contractor in claim against Owner and Designer, related to airport expansion, FL (2002-2004) Lawyer for Contractor in claim against Owner over delays in construction of office building, PA (1985-1986) Lawyer for Contractor in claims regarding overruns at shuttle launch facility, FL (1978) Lawyer for Contractor in fraud lawsuit by subcontractor, NC (2008) Lawyer for Contractor in insurance litigation arising from latent foundation problems, VA (1998) Lawyer for Contractor in insurance litigation arising from latent foundation problems, VA (1998) Lawyer for Contractor in insurance litigation arising from latent foundation problems, VA, Lawyer for Contractor in litigation against subcontractor related to power plant delays, NY (2005-2006) Lawyer for Contractor in litigation regarding automobile manufacturing plant, AL (2005-2009) Lawyer for Contractor in litigation regarding corporate headquarters, VA (2000-2001) Lawyer for Contractor in litigation regarding corporate headquarters, VA, 2000-01 Lawyer for Contractor in litigation with Owner in construction of office building, MA (1986-1990) Lawyer for Contractor in litigation with Owner over delays in construction of office building, IA (1984-1987) Lawyer for Contractor in negotiations re: construction of a casino and hotel in Nassau, Bahamas Lawyer for Contractor in negotiations re: construction of a hospital in Anniston, AL Lawyer for Contractor in negotiations re: construction of a WWTP in Chattanooga, TN Lawyer for Contractor in negotiations regarding construction of a hospital in Anniston, AL (1983) Lawyer for Contractor in negotiations regarding construction of a WWTP in Chattanooga, TN (1996) Lawyer for Contractor in suit against unions arising out of violence, IL, AR, MN (1994-2001) Lawyer for Contractor in suit by subcontractor arising out of school construction, FL (1997) Lawyer for Contractor regarding contract administration issues on $500,000,000 hospital expansion, TX (2009-Present) Lawyer for Contractor regarding missile site delays, IA (1984) Lawyer for Contractors for several different condominium claims against developers, FL, TX (2003-Present) Lawyer for EPC Contractor in developing risk management program for worldwide contract administration (2004-Present) Lawyer for EPC Contractor in litigation with Owner regarding industrial mill construction, AL (2001-2007) Lawyer for Mechanical Subcontractor related to claims arising from LNG facility construction, London (2003-2004) Lawyer for Owner in claims related to power plant, Chile (2009) Lawyer for Owner in developing contracts for $500 million office campus expansion, NJ (2008-2009) Lawyer for Owner in litigation involving power plant, TX (2002-2006) Lawyer for Owner in litigation regarding power plant construction, MS (1999-2002) Lawyer for Owner in litigation regarding power plant construction, MS (1999-2002) Lawyer for Owner in litigation regarding power plant construction, MS,1999-2002 Lawyer for Owner in negotiating contracts for significant cleanup, DEL (2003-2005) Lawyer for Owner in negotiations of E&P and CM Contracts for major environmental project, NJ (2001-2002) Lawyer for Owner in negotiations of E&P and CM Contracts for major environmental project, NJ, 2001-02 Lawyer for Owner in negotiations re: construction of an industrial project in Wilmington, DE Lawyer for Owner in negotiations regarding construction of an industrial project in Wilmington, DE (1996) Lawyer for pipe vendor in litigation over cost overruns on power plant, KY (1983-1986) Lawyer for Power Plant Developer preparing the form construction contracts for solar plants, CA, Canada, NV, TX (2009-Present) Lawyer for Subcontractor in claim against general contractor related to automobile plant construction, IL (2004-2009) Lawyer for Surety in negotiations re: construction of a power plant in Florida Lawyer for Surety in negotiations regarding construction of a power plant in Florida (1990) Lawyer for turbine manufactures in claims by Alabama Power and TVA regarding nuclear fuel supply, VA (1975-1980) Wunderlich-Malec Systems, Inc. v. Eisenmann Corporation, 2006 WL 3370700 (N.D. Ill. Nov. 17, 2006) (Ashman, Mag. J.) Ex Parte United Brotherhood of Carpenters and Joiners of America, 688 So.2d 246 (Ala. 1997) Held that the Alabama courts could exercise jurisdiction over an international labor organization for tortious acts allegedly committed in Minnesota. Jefferson County Pharmaceutical Association v. Abbott Labs, (N.D. Ala. 1978), affirmed, 656 F.2d 92 (5th Cir. 1981), reversed, 460 U.S. 150, reh. denied, 460 U.S. 1105 (1983) The firm successfully defended the Board of Trustees of the University of Alabama which operates pharmacies in its hospitals against claims by retail pharmacies of alleged Robinson-Patman Act violations. The university pharmacies purchased pharmaceuticals at lower prices than were charged to the plaintiffs, and allegedly resold the pharmaceuticals in competition with the plaintiffs. The district court granted defendants’ motions to dismiss for failure to state a claim and the dismissal was affirmed on appeal. On writ of certiorari, the United States Supreme Court reversed the dismissal, but on remand, the University was ultimately dismissed upon demonstrating that its purchases were within the Nonprofit Institutions Act exemption under Section 13c of the Act, 15 U.S.C. § 13c. Centex-Rooney Const. Co./Miami Dade County Airport Enforcement action by Miami Dade County regarding contamination at airport.