Michael Walker is an experienced litigator who has handled a wide variety of complex civil litigation matters arising out of a number of industries. Much of his current practice involves the defense of product liability and toxic tort claims against businesses that design and make things or operate industrial facilities. He handles product liability litigation for a Fortune 300 manufacturer throughout the Southeast and for a foreign-based, global market leading manufacturer throughout the United States. Michael is honored to be a member of the International Association of Defense Counsel (IADC) and recognized by The Best Lawyers in America®. He has also been selected to serve on the Steering Committee of Defense Research Institute’s Product Liability Committee.
In his product liability practice, Michael has defended the design and manufacture of all manner of products. Examples include medical devices such as hip and knee replacement devices, cosmetic facial implants, and femoral plates; mineral spirits; ambulance gurney systems; electronic vaping devices; clothes dryers; respirators; tires; and smoke detectors. He has managed and resolved disputes at all stages, from pre-suit through appeal. For matters that cannot be disposed of at an early stage, he has significant experience in working with and challenging expert witnesses and in formulating and executing e-discovery plans.
In addition to handling litigation, Michael counsels manufacturers regarding various applicable regulatory regimes, including that of the CPSC, FTC, and other agencies. He has also advised manufacturers on their product warranties, warnings, instructions, packaging, and similar materials.
Outside of the product liability arena, Michael has represented businesses in commercial litigation in disputes in a wide range of areas, from intellectual property to financial fraud, and from disputes over software programs and mobile apps to real estate litigation. Other representative matters include the defense of a coal plant operator in a long-running series of class action and mass action lawsuits brought by different groups of nearby property owners, as well as his representation of national manufacturers in arbitrated disputes with their regional distributors. He has tried cases to verdict in court and arbitrated matters to decision before panels of both the American Arbitration Association and JAMS.
In addition, working with several local federal judges, Michael re-drafted the Local Rules of the United States District Court for the Northern District of Alabama, leading to the issuance of a substantially revised version of those rules. He thereafter chaired the Birmingham Bar Association’s Federal Practice Section. In the community, he served for many years in leadership roles for Childcare Resources, a Central Alabama United Way affiliate, including as chair of that agency’s Board of Directors in 2021.
Notable Matters
Defended a global medical device manufacturer in various product liability matters. This work included assistance with federal multidistrict litigation related to hip replacement devices and the defense of various actions in the Southeast.
Defended a cleaning solvent manufacturer in product liability exposure matters, dozens of which were filed in Philadelphia, Pennsylvania, Houston, Texas, St. Louis, Missouri, and in several southeastern states. Michael developed jurisdictional defenses in these matters that have been accepted by several Philadelphia courts as grounds for dismissal of cases involving forum-shopping plaintiffs, which represented a shift from prior Pennsylvania law. He also successfully obtained the dismissal of similar cases in South Carolina and Florida state courts based on a lack of personal jurisdiction.
Defended an international manufacturer of electronic vaping device manufacturer in product liability matters. Michael also advises this foreign company regarding U.S. product liability law.
Defended a coal plant operator in series of lawsuits involving claims of nuisance and trespass. These cases have included multiple appeals to the Alabama Supreme Court, hundreds of named plaintiffs, and thousands of potential class members and properties, requiring management and litigation of complex discovery and trial plan issues.
Defended a national paperboard and box manufacturer and two of its executives against trade secret and fraud claims. This case was brought in Alabama state court by a company operated by several well-known Birmingham residents. After removal to federal court, we obtained dismissal of numerous claims and transfer of case to a Maryland federal court. Ultimately, the remaining claims were dismissed on our summary judgment motion. Thereafter, the court ordered that the client was entitled to recover its attorneys’ fees from plaintiffs due to a showing that plaintiffs’ claims were groundless.
Representation at trial of an international nonprofit in an intellectual property and tortious interference lawsuit filed in federal court. After a seven-day trial, the jury awarded a multimillion-dollar verdict and injunctive relief in favor of the client and rejected the defendant’s counterclaims.
Listed in The Best Lawyers in America®, Commercial Litigation, 2018-2024 Alabama State Bar Leadership Forum, Class 9 Martindale-Hubbell® AV Preeminent Rated Gardner v. Shenzhen Smoore Technology Ltd., CV-19-1192-CLM (N.D. Ala.) Successfully moved for dismissal of a product liability lawsuit against vaping device manufacturer after removal of case from Alabama state court. Wade v. United States Steel Corp., et al., Civil Action No. 2018-CP-10-01583 (Court of Common Pleas of Charleston County, S.C.) Drafted and argued motions to dismiss product liability claims against solvent manufacturers. Court granted motions and dismissed our clients with our prejudice. Graham v. Sun Chemical Corp., et al., CV-18-1362-RDP (N.D. Ala.) Defended household product manufacturer in case involving allegations that its product caused cancer. Vickery v. AK Steel Corp., et al., Case No. 18-L-241 (Circuit Court of St. Clair County, Ill.) After filing motion to dismiss claims in asbestos case, secured plaintiff’s agreement to voluntarily dismiss our client from case after limited initial discovery. Springston v. Davison Fuels, Inc., et al., CV-2017-901617 (Circuit Court of Mobile County, Ala.) Defended household product manufacturer in case involving allegations that its product caused cancer. Stano v. 4520 Corp., Inc., et al., Case No. 18-L-1162 (Circuit Court of Madison County, Ill.) Obtained plaintiff’s voluntary dismissal of claims in asbestos case, without settlement and before filing of a motion to dismiss, due to jurisdictional defenses. Glenn v. DCH Healthcare Authority, et al., CV-2018-900438 (Circuit Court of Tuscaloosa County, Ala.) Obtained dismissal of claims against manufacturer of hip replacement device. Gray v. Safety-Kleen Systems, Inc., et al., Case No. 2307, August Term, 2019 (Court of Common Pleas of Philadelphia, Pa.) Defended solvent manufacturer in case involving allegations that its product caused cancer. Imburgia v. U.S. Steel Corp., et al., Case No. 410, December Term, 2019 (Court of Common Pleas of Philadelphia County, Pa.) Defended solvent manufacturer in case involving allegations that its product caused cancer. CIMCO Refrigeration, Inc. v. Mergulhao, CV-2018-901497 (Circuit Court of Baldwin County, Ala.) Pursued various financial claims against client’s former employee. Lesher v. U.S. Steel Corp., et al., Case No. 210, September Term, 2017 (Court of Common Pleas of Philadelphia County, Pa.) Defended solvent manufacturer in case involving allegations that its product caused cancer. Weekley, et al., v. Seneca N. Am. Coal, LLC, et al., CV-17-900131 (Circuit Court of Jefferson County, Ala., Bessemer Division) Defended coal plant operator in mass action brought by nearby property owners and residents. Lesher v. U.S. Steel Corp., et al., Case No. 210, September Term, 2017 (Court of Common Pleas of Philadelphia County, Pa.) Defended solvent manufacturer in case involving allegations that its product caused cancer. Merritt v. Texaco, Inc., et al., Case No. 2015-10509 (District Court for Orleans Parish, La.), and Case No. 2016-C-0731 (Fourth Circuit Court of Appeals of Louisiana) Defended solvent manufacturers in case involving allegations that its product caused cancer. Obtained voluntary dismissal, without settlement, after being only defendant to pursue personal jurisdictional defense in appellate court. Allstate Vehicle & Property Ins. Co. v. Electrolux Home Prods., Inc., CV-16-2079-ACA (N.D. Ala.) Defended clothes dryer manufacturer against product defect claims arising out of house fire. The case settled approximately ten days before trial was set to begin. Pennington v. U.S. Steel Corp., et al., Case No. 1092, May Term, 2016 (Court of Common Pleas of Philadelphia County, Pa.) Defended solvent manufacturer in case involving allegations that its product caused cancer. Jones v. U.S. Steel Corp., et al., Case No. 4098, February Term, 2016 (Court of Common Pleas of Philadelphia County, Pa.) Defended solvent manufacturer in case involving allegations that its product caused cancer. Alfa Mut. Ins. Co., et al. v. Electrolux Home Prods., Inc., et al., CV-16-901186 (Circuit Court of Baldwin County, Ala.) Defended clothes dryer manufacture against product defect claims arising out of house fire. Rhyne v. U.S. Steel Corp., et al., Case No. 228, December Term, 2015 (Court of Common Pleas of Philadelphia County, Pa.) Defended solvent manufacturer in case involving allegations that its product caused cancer. Appealed jurisdictional issue to Pennsylvania’s intermediate appellate court and Supreme Court of Pennsylvania. Worked with amici to support appeal. Keenum v. E.I. du Pont de Nemours & Co., et al., CV-16-900050 (Circuit Court of Colbert County, Ala.) Defended solvent manufacturer in case involving allegations that its product caused cancer. Lee v. U.S. Steel Corp., et al., Case No. 2504, April Term, 2015 (Court of Common Pleas of Philadelphia County, Pa.) Defended solvent manufacturer in case involving allegations that its product caused cancer. Simmons v. U.S. Steel Corp., et al., Case No. 4219, September Term, 2015 (Court of Common Pleas of Philadelphia County, Pa.) Defended solvent manufacturer in case involving allegations that its product caused cancer. Cain v. Thompson, et al., CV-15-900020 (Circuit Court of Greene County, Ala.) Defended knee replacement device manufacturer against product defect claims. After several years of litigation, plaintiff voluntarily dismissed our client due to lack of evidence of defect. ADTRAN Inc. v. Metafile Info. Sys., Inc., CV-15-901004 (Circuit Court of Madison County, Ala.) Brought claims against software company to recover monies paid for program that never properly functioned. Thompson v. Stryker Corp., et al., CV-15-559-AKK (N.D. Ala.) Defended knee replacement device manufacturer against product defect claims. Newton Lumber Co., et al., v. Murray Guard, Inc., CV-14-SLB-1210-W (N.D Ala.) Defended security company after fire destroyed lumber mill. Mill owner and insurer alleged that fire and extent of damage were due to client’s employee’s negligence. Sanders v. Stryker Corp., et al., CV-14-698-MHT-WC (M.D. Ala.) Defended hip replacement device manufacturer against product defect claims. Rye v. Boyett, et al., CV-14-17 (Circuit Court of Limestone County, Ala.) Defended knee replacement device manufacturer against product defect claims. Obtained summary judgment. Titus v. Howmedica Osteonics Corp., CF-14-469-JHE (N.D. Ala.) Defended knee replacement device manufacturer against product defect claims. Plaintiff voluntarily dismissed lawsuit after we filed motions to dismiss on various grounds. Culpepper v. Stryker Corp., et al., CV-12-767-MEF-CSC (M.D. Ala.) Defended knee replacement device manufacturer against product defect claims. Successfully defended removal of case to federal court based on fraudulent joinder of co-defendant and defeated motion to remand. Madison Oslin, Inc., et al. v. Interstate Resources, Inc., et al., CV-11-B-1343-S (N.D. Ala. ), 2012 WL 4730877, and CV-12-3041-MJG (D. Md.), 2016 WL 1274094 Defense of a national paperboard and box manufacturer and two of its executives against trade secret and fraud claims. Obtained dismissal of numerous claims in Alabama federal court and transfer of case to Maryland federal court. Ultimately obtained dismissal of remaining claims on summary judgment from Maryland court. Thereafter, the Court ordered that our client was entitled to recover its attorneys’ fees from plaintiffs due to a showing that plaintiffs’ claims were groundless. JAMS arbitration matter In a dispute between a national beverage producer and a former statewide distributor that had been terminated, obtained dismissal at an early stage of a number of the claimants’ claims. The case was then tried to an arbitrator over a four-day hearing in Virginia. Following the hearing, the arbitrator denied all of the distributor’s remaining claims and awarded damages to our client on its counterclaim. Payton v. Stryker Corp., et al., CV-12-2469-HGD (N.D. Ala.) Defended manufacturer of surgical plate against product defect claims. Phillipi v. Howmedica Osteonics Corp., et al., CV-12-760-KD-N Defended hip replacement device manufacturer against product defect claims. In re Stryker Rejuvenate and ABG II Hip Implant Prods. Liab. Litig., CV-13-3022-DWF (D. Minn.) Assisted in the defense of multidistrict litigation (MDL) proceeding related to hip replacement device. American Arbitration Association matter Defended global manufacturer in water meter industry that had terminated its longtime Michigan distributor. Shortly after the termination was effective, our client appointed as its new distributor a company formed by several former employees of former distributor. Former distributor brought suit in Michigan state court and we successfully moved to compel arbitration. This matter culminated in a five-day arbitration hearing before a three-judge panel and resulted in a decision entirely in favor of our client. Waid, et al. v. United States Steel Mining Co., et al., CV-04-1234, Alexander, et al. v. Cliffs N. Am. Coal LLC,et al., CV-10-54, and Brown v. Cliffs N. Am. Coal, LLC, et al., CV-11-900376 (Circuit Court of Jefferson County, Ala. – Bessemer Division), and Ex parte PinnOak Resources, LLC, 26 So. 3d 1190 (Ala. 2009) Defended coal plant operator in multiple mass actions brought by nearby property owners and residents. Milo’s Franchise Co. v. Milo’s Tea Co., CV-12-902513 (Circuit Court of Jefferson County, Ala. – Birmingham Division) Represented restaurant operator as plaintiff in trademark and breach-of-contract dispute against former beverage supplier. United Nat’l Ins. Co. v. Andritz Inc., et al., CV-11-900083 (Circuit Court of DeKalb County, Ala.) Defended manufacturer in case arising out of fire at industrial facility. Nationwide Mut. Fire Ins. Co. v. Lasko Prods., Inc., CV-11-747-RBP (N.D. Ala.) Defended manufacturer of box fan in case involving house fire. Persuaded plaintiff to voluntarily dismiss case for lack of evidence of defect. Vandenberg, et al. v. ARAMARK Educational Servs., Inc., et al., CV-10-902889 (Circuit Court of Jefferson County, Ala. – Birmingham Division) Obtained pre-certification dismissal of class action brought against provider of dining services to University of Alabama in a class action alleging various antitrust claims. Figueroa, et al. v. MERSCORP, Inc., et al., CV-10-61296-CMA (S.D. Fla.) Represented lender in class action alleging various claims regarding Mortgage Electronic Registration System and Florida foreclosure practices. Drafted comprehensive motion to dismiss addressing federal and state-law issues with lawsuit. REM Pipeline Services, Inc. v. Willis of Alabama, Inc., CV-10-900030 (Circuit Court of Greene County, Ala.) Defended insurance broker against claim by gas pipeline installer. The Bank of New York Mellon, et al. v. Jefferson County, Ala., CV-08-1703-RDP (N.D. Ala.) Assisted in defense of county in dispute regarding multibillion-dollar claim by holders of warrants issued by county’s sewer system. Legacy Park, Ltd., et al. v. City of Bayou La Batre, et al., CV-08-352-KD-B (S.D. Ala.) Represented developer of single-family homes as plaintiff in case brought under Fair Housing Act and state-law claims against municipality, its mayor, and city council members. Case settled during trial. Williams, et al. v. T Bone Invs., LLC, et al., CV-08-901298 (Circuit Court of Mobile County, Ala.) Defended fire alarm manufacturer in wrongful death action. Graham ex rel. Graham v. Thompson, CV-08-903697 (Circuit Court of Jefferson County, Ala. – Birmingham Division) Assisted with trial preparation for defense of co-employee case in wrongful death action. Hexaport Building Sys. of Fla., LLC v. GSH of Ala., Inc., et al., CV-08-309-SLB (N.D. Ala.) Represented modular home manufacturer as plaintiff and counterclaim defendant in matter involving claims of misuse of trademark, misappropriation of confidential information, and fraud. Dickmann v. Robinson, et al., CV-08-900095 (Circuit Court of St. Clair County, Ala. – Pell City Division) Defended restaurant in dram shop action. Elemary v. Holzmann AG, et al., CV-07-654-RCL (D.D.C.) Represented various construction and holding companies and their principals in multiple actions filed in federal court in Washington, D.C., state court in Los Angeles, California, and elsewhere, alleging various claims and counterclaims for fraud, breach of contract, and others. Obtained dismissal of all of plaintiff’s claims. SouthernPointe Group, Inc., et al. v. American Empire Surplus Lines Insurance Co., et al., CV-07-511 (Circuit Court of Mobile County, Ala.) Defended insurer in case brought by restaurant operator alleging that waterfront business was destroyed by wind, rather than water, during Hurricane Katrina. Byers v. Hooters of Homewood, Inc., et al., CV-07-185 (Circuit Court of St. Clair County, Ala. – Ashville Division) Defended restaurant in dram shop action. Troup v. Travelers Indemnity Co., et al., CV-07-900629 (Circuit Court of Baldwin County, Ala.) Obtained summary judgment for construction company on claim by injured employee. Gamble, et al. v. PinnOak Resources, LLC, et al., CV-06-4909-BE (N.D. Ala.) Defended coal plant operator in action by numerous plaintiffs alleging that the plant was not being operated safely. Obtained dismissal of all claims on motion to dismiss. Grand Slam Club/Ovis v. Int’l Sheep Hunters Ass’n Found., Inc., et al., CV-06-4643-SLB, (N.D. Ala.) Represented non-profit organization as plaintiff in intellectual property, tortious interference, and contractual dispute involving numerous claims and counterclaims in successful seven-day jury trial. Prepared and handled examination of multiple witnesses in court, including primary damages witness. Handled the briefing of several post-judgment motions, which resulted in the upholding of the jury’s verdict and the court’s judgment. Bowden, et al. v. USX Corp., et al., CV-97-626 (Circuit Court of Jefferson County, Ala. – Bessemer Division), and Oak Grove Resources, LLC v. White, 86 So. 3d 963 (Ala. 2011) Defended coal plant operator in prolonged class action, which had been settled before our client became involved, through various post-settlement remediation issues and on appeal. Obtained final dismissal in 2012. Weekley, et al. v. United States Steel Mining Co., et al., CV-96-790 (Circuit Court of Jefferson County, Ala. – Bessemer Division), and Ex parte PinnOak Resources, LLC, 26 So. 3d 1190 (Ala. 2009) Defended coal plant operator in mass action, which was settled before our client became involved, against various post-settlement efforts by plaintiffs. Obtained dismissal of action on writ of mandamus from Alabama Supreme Court in 2009. Cross, et al. v. Day, et al., Case Number 122, 297-C (District Court of Livingston Parish, La.) Defended tire manufacturer against multi-plaintiff action asserting product liability claims arising out of car accident resulting in one death and multiple injured plaintiffs. Brunet, et al. v. Cooper Tire & Rubber Co., et al., Case Number 545,559-C (District Court of East Baton Rouge Parish, La.) Defended tire manufacturer against product liability claims arising out of car accident. Shepherd v. Vulcan Materials Co., et al., C.A. No. 06-CI-3319 (Circuit Court of Fayette County, Ky,) Defended mine operator in claim by injured employee. Waldrup v. Job Land & Mineral, Inc., et al., CV-06-6484 (Circuit Court of Jefferson County, Ala.) Defended business engaged in mining operations from property damage and nuisance claims brought by nearby residents. Curry, et al. v. Lexington Law Firm, Inc., CV-05-20) (Circuit Court of Pickens County, Ala.) Defended a Utah law firm that provided credit repair services in a class action alleging state regulatory violations.
