Experience
  • General Experience
    • $130 million institute

      Represented a non-profit biotechnology institute in its land acquisition for the establishment of approximately $130 million institute.

      Albright v. Merck, CV-05-2316 (Circuit Court of Jefferson County, Ala.)

      Served as part of the trial team for Albright v. Merck, in the Circuit Court of Jefferson County, Alabama; CV-05-2316. Three week jury trial resulted in defense verdict.

      Blue Cross and Blue Shield of Alabama, Inc. v. Butler, 630 So.2d 413, 1993 WL 496060, Ala., December 03, 1993 (1920701)

      Brooks v. Winn-Dixie of Montgomery, Inc., 716 So.2d 1203, 1997 WL 707088, Ala.Civ.App., November 14, 1997 (2961117)

      Capital Chevrolet, Inc. v. Smedley, 614 So.2d 439, 1993 WL 56187, 61 USLW 2611, Ala., March 05, 1993 (1911352, 1911377)

      Dellavaccia v. Bayer Corporation (N.D. Ala. 1998)

      Deceptive advertising class action.

      Ex parte Family Dollar Stores of Alabama, Inc., 906 So.2d 892, 2005 WL 32412, Ala., January 07, 2005 (1031699)

      Ex parte Jefferson Smurfit Corp. (U.S.) , 951 So.2d 659, 2006 WL 1451574, Ala., May 26, 2006 (1041151)

      Ex parte Surtees, 6 So.3d 1157, 2008 WL 4369259, Ala., September 26, 2008 (1070386 and 1070399)

      Hester v. Bayer Corporation, 206 F.R.D. 683 (M.D. Ala. 2001)

      Defeated plaintiff's attempts to obtain ex parte document preservation order against. 206 F.R.D. 683 (M.D. Ala 2001).

      Huggins v. Pfizer Inc., et al. (Cir. Ct. Choctaw Co., Ala. 2000)

      Consumer antitrust class action regarding prescription drug pricing.

      In Re: Orthopedic Bone Screw Litigation

      Represented a major manufacturer of orthopedic spinal fusion instruments in state and federal court litigation.

      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.

      Jefferson Smurfit Corp. (U.S.) v. Surtees, 951 So.2d 670, 2006 WL 2457853, Ala.Civ.App., August 25, 2006 (2030987)

      Moton v. Bayer Corp. (Circuit Court of Wilcox County, Ala.)

      Won summary judgment for pharmaceutical company on product liability claim.

      New River Pharmaceuticals Inc. v. DSM Pharmaceuticals, Inc., No. 2:02 cv 0137. (E.D. Tenn.)

      Represented a pharmaceutical company in claims related to a contract manufacturer’s failure to develop and scale up a drug compound. The case involved many issues related to pharmaceutical development, biotechnology funding, venture capital funding and issues related to regulation of drug compounds by the United States Food and Drug Administration. After substantial fact and expert discovery, including approximately 10 experts in a variety of subject matters, the parties resolved the case.

      Ramsay Managed Care, Inc. v. Oliaii

      Represented Australian holding company in a dispute arising from the sale of an HMO license, Circuit Court of Jefferson County, 1997-98.

      Redman Homes, Inc. v. Surtees, 933 So.2d 1100, 2005 WL 3083587, Ala.Civ.App., November 18, 2005 (2031079)

      Sykes v. Bayer Corporation, 484 F. Supp.2d 289 (E.D. Pa. 2007)

      Prevailed on an FDA preemption motion disposing of all failure to warn claims.

      Sykes v. Bayer Pharmaceuticals Corp., 548 F. Supp.2d 208 (E.D. Va. Feb 12, 2008)

      Achieved dismissal of key claims under Twombly/Iqbal.

      Vulcan Lands, Inc. v. Surtees, 6 So.3d 1148, 2007 WL 4215046, Ala.Civ.App., November 30, 2007 (2060607)

      Vulcan Lands, Inc. v. Surtees, 6 So.3d 1164, 2008 WL 4892058, Ala.Civ.App., November 14, 2008 (2060607)

      Class action alleging false advertising

      Obtained denial of certification in a class action alleging false advertising in connection with a nationwide advertising campaign for Bayer aspirin.

      Cox-2 litigation

      Statewide and special counsel to Fortune 50 pharmaceutical client in Cox-2 litigation.

      Defense of Monsanto against claims of personal injury arising out of alleged exposure to PCBs

      Member of a trial team that won defense verdicts for Monsanto Company against five plaintiffs claiming personal injuries arising out of alleged exposure to PCBs.

      Establishment of the HudsonAlpha Institute for Biotechnology

      Establishment of the HudsonAlpha Institute for Biotechnology in Huntsville, Alabama, $130 million.  The HudsonAlpha Institute is the cornerstone of a 150-acre biotech campus strategically located in Cummings Research Park, the nation's second largest research park.  The non-profit institute is an integral part of Alabama's life sciences community.

      Issuance of $315 million convertible debt

      Local Counsel to Nektar Therapeutics in issuance of $315 million convertible debt.

      Licensing of biotechnology assets - Avanti Polar Lipids, Inc.

      Mass tort litigation

      National trial and coordination counsel to Fortune 500 pharmaceutical client in on-going mass tort litigation.

      National team member in ongoing litigation

      National team member for pharmaceutical clients in various ongoing litigation.

      Regional counsel in HRT litigation

      Regional counsel for Fortune 50 pharmaceutical client in HRT litigation.

      Representation of pharmaceutical manufacturers against fraud claims brought by Alabama Medicaid

      Represent a number of pharmaceutical manufacturers against fraud claims brought by Alabama Medicaid alleging that the companies inflated AWP prices.

      Statewide litigation

      Managed statewide litigation for numerous Fortune 500 pharmaceutical and medical device clients.

      Summary judgment in qui tam action alleging fraudulent billing and a retaliatory discharge claim

      Won summary judgment on behalf of a local hospital in a qui tam action alleging fraudulent billing of drugs used in laser eye surgeries and a retaliatory discharge claim.

      Venture capital financing, 2008

      Represented venture capital fund in investment in development stage life sciences company.

      Southern v. Pfizer Inc., 471 F. Supp. 2d 1207 (N.D. Ala. 2006)

      Order denying motion to remand based on fraudulent joinder of pharmaceutical sales representative.

      Defense of pharmaceutical manufacturers on product liability claims

      Defending pharmaceutical companies against failure to warn and other product liability claims in Alabama and in federal courts across the country through all phases of litigation including discovery, summary judgment, pre-trial motions, and trial preparation.

      In Re: Vioxx Products Liability Litigation, MDL 1567 (EDLA)

      Served on the national team for preparation and defense of sales representatives for depositions throughout the US.