John Smith T has handled a wide range of litigation matters representing clients in commercial disputes, personal injury and products liability cases, intellectual property matters, employment discrimination, and real estate cases. John has tried cases in state and federal courts in Alabama, Florida, North Carolina, Tennessee and Texas.
A significant portion of John’s practice involves the defense of product manufacturers, including makers of orthopedic implants, pain management devices, and other medical equipment. He handles individual plaintiff cases, multi-party cases, and complex litigation including collective actions. His work has often focused on defending the company’s product research and development process through technical document analysis and collaboration with company engineers and technicians, as well as developing and opposing expert witness opinion testimony on related subjects. John has worked closely with engineers and scientific experts in the areas of manufacturing best practices, FDA review and approval, risk management and quality control. His litigation experience also includes working with physicians and scientists in a variety of healthcare fields -- such as orthopedics, pathology, toxicology, epidemiology, and regulatory compliance -- as well as defending mass tort lawsuits at the national level involving complex scientific evidence and causation issues.
Since his admittance to the United States Patent Bar in 1996, John has devoted a portion of his practice to the intellectual property area, including patent and trademark prosecution and intellectual property litigation. John has helped obtain patents and trademarks for clients in the transportation and shipping industry, the sporting goods industry, and industrial engineering field. He has handled litigation matters involving claims of patent infringement, trademark infringement, violation of trade secrets, and licensing disputes. In addition, he has negotiated, drafted, and advised clients on licensing, assignment, and nondisclosure agreements.
Listed in Mid-South Super Lawyers, Personal Injury – Products: Defense, 2016-2021 Listed in Benchmark Litigation, "Labor & Employment Star," 2020 Listed in Alabama Super Lawyers, Intellectual Property, 2012–2015 Listed in The Best Lawyers in America® Commercial Litigation, 2015-2022 Employment Law – Management, 2022 Labor Law – Management, 2014-2022 Herring's Air Conditioning Service, Inc., v. Service Tech Inc., U.S. District Court for the Northern District of Alabama, 2:09-CV-2440-RDP Successfully resolved a trademark infringement lawsuit brought against our client for the use of the plaintiff's trade name in software code used to create an internet video advertisement. Through the hidden use of the plaintiff's trade name, the vendor that created the advertisement and uploaded it onto the internet caused internet users who were searching for plaintiff to be directed to links to our client's advertisement. Plaintiff sued for the misuse of plaintiff's trade name. BE&K Construction Co. v. United Brotherhood of Carpenters and Joiners of America, AFL-CIO, 688 So.2d 246 (Ala.), cert. denied, 521 U.S. 1118 (1997) Robert and Elena DeFranceschi v. GMAC Mortgage, LLC, NO. 352-247037-10, District Court for the 352nd Judicial District, Tarrant County, Texas Obtained unanimous jury verdict after three-day trial in wrongful foreclosure case. Plaintiffs sued for fraud, breach of contract, anticipatory breach of contract, gross negligence, bad faith and unfair collection practices. U.S. Equal Employment Opportunity Commission v. Winn-Dixie Montgomery, LLC, 2:09-cv-00643-C, U.S. District Court for the Southern District of Alabama Obtained summary judgment in federal age discrimination brought on behalf of employee by EEOC. Samuel Barnes, III v. Howmedica Osteonics Corp., 3:09-CV-2556-CLS, U.S. District Court for the Northern District of Alabama Obtained summary judgment in a products liability lawsuit filed against medical device maker on the basis of federal preemption pursuant to the FDA’s 510k approval process. James Ginn v. Stryker Corporation, 1:09-CV-1939, U.S. District Court for the Northern District of Alabama Obtained dismissal in a products liability lawsuit filed against medical device maker on the basis of federal preemption pursuant to the FDA’s 510k approval process. Ram Tool & Supply Co., Inc. v. HD Supply Construction, LTD d/b/a White Cap Construction Supply, et al., 2:11-cv-2010-LSC, U.S. District Court for the Northern District of Alabama Following evidentiary hearing, defeated motion for preliminary injunctive relief filed against client by competitor in commercial construction supply business. Competitor claimed that former employees conspired with client to open competing branch using trade secrets. Competitor, which had obtained ex parte TRO temporarily blocking client’s branch from operating, sued for violations of state law trade secrets act, interference with business relations, breach fiduciary duties, and conspiracy. Cromer v. Winn-Dixie Montgomery, LLC, 2:11-cv-00496-IPJ, U.S. District Court for the Northern District of Alabama Obtained summary judgment in federal disability discrimination, retaliation and FMLA lawsuit. Combs v. Meadowcraft Co., 106 F.3d 1519 (11th Cir. 1997) Varonica L. Udeh v. Winn-Dixie Montgomery, LLC, Case No. 2:11-cv-1722-MHH (N.D. Ala. 2015) Obtained defense verdict at trial in which plaintiff alleged employer terminated her because of her pregnancy in violation of Title VII and the Pregnancy Discrimination Act.