Appellate

Allen v. Seibert, 128 S. Ct. 2 (2007)

We successfully represented the State of Alabama before the U.S. Supreme Court in a case involving the interpretation of the federal habeas corpus statute.

District of Columbia v. Heller, 128 S. Ct. 2783 (2008)

We filed an amicus curiae in the U.S. Supreme Court on behalf of a group of criminologists and other scholars successfully arguing that the Second Amendment protects an individual right to bear arms.

Yeager v. United States, 129 S. Ct. 2360 (2009)

We filed an amicus curiae brief in the U.S. Supreme Court on behalf of the National Association of Criminal Defense Lawyers successfully arguing that the Double Jeopardy Clause bars the Government from retrying defendants on acquitted counts even where the jury hung on factually related counts.

Caperton v. A.T. Massey Coal Co., 129 S. Ct. 2252 (2009)

We filed an amicus curiae brief in the U.S. Supreme Court on behalf of a group of States in a significant case testing the federal constitutional limits on state judicial-recusal practice.

HealthSouth Corporation Securities Litigation 572F.3d 854, (11th Cir. 2009)

We successfully represented a large healthcare company before the Eleventh Circuit in its effort to enforce a provision of a $445 million securities class action settlement agreement that barred the former CEO’s claims for indemnification and advancement of his attorney’s fees.

Southeastern Power Customers, Inc. v. Geren, 514 F.3d 1316 (D.C. Cir. 2008), cert. denied sub nom., Georgia v. Florida, 129 S. Ct. 898 (2009)

We successfully represented the State of Alabama before the D.C. Circuit in ongoing "water wars" litigation with the State of Georgia.

United States v. Robison, 505 F.3d 1208 (11th Cir. 2007)

We successfully represented a multinational corporation before the Eleventh Circuit in an appeal of a criminal Clean Water Act conviction.

SmithKline Beecham Corp. d/b/a GlaxoSmithKline v. State of Alabama, ___ So.3d ___, 2009 WL 3335904 (Ala.)

We successfully represented a major pharmaceutical manufacturer in obtaining from the Alabama Supreme Court a reversal of an $81 million fraud judgment.

Ex parte Vulcan Materials Co., 992 So. 2d 1252 (Ala. 2008)

Successfully represented the nation’s largest construction-aggregates producer in an appeal to the Alabama Supreme Court concerning the proper scope of discovery in post-trial review of punitive damages awards under BMW v. Gore and subsequent cases. The Court agreed with us on every point, including a key question of first impression concerning when a defendants’ financial condition is irrelevant to the constitutionally-required punitive damages review.

McLemore v. Hyundai Motor Mfg. Alabama, LLC, ___ So. 2d ___, 2008 WL 4531796 (Ala. October 10, 2008)

We successfully represented a multinational automobile manufacturer before the Alabama Supreme Court in a contract dispute arising from company’s decision to locate a plant in Alabama.

Foster Business Park, LLC v. J & B Investments, LLC, 269 S.W.3d 50 (Tenn. Ct. App. 2008)

We successfully represented a bank before the Tennessee Court of Appeals in a commercial lending case.

Siegel-Robert, Inc. v. Chumley, Commissioner of Revenue, 2009 WL 3486625 (Tenn. Ct. App. Oct. 28, 2009).

We successfully represented a multi-state automotive parts manufacturer before the Tennessee Court of Appeals, holding that interest income earned on funds invested in treasury securities was nonbusiness earnings and beyond the state’s constitutional power to tax as apportionable income.

Phelps v. Bank of America, 2009 WL 690695 (Tenn. Ct. App. Mar. 13, 2009).

We successfully defended a bank in an action brought by a joint venture partner claiming negligence and breach of contract based on bank’s distribution of loan proceeds to the joint venture entity.

Bradley Scores Significant Victory in Fourth Circuit: Court Vacates Billion-Dollar Injunction

On July 26, the United States Court of Appeals for the Fourth Circuit set aside an injunction that would have required four of TVA’s coal-fired power plants in Alabama and Tennessee to install environmental controls costing between $1-$3 billion. In a 34-page opinion, the Fourth Circuit unanimously concluded that the district court’s injunction “compromised principles of federalism by applying North Carolina law extraterritorially to TVA plants located in Alabama and Tennessee.” Kevin Newsom, who chairs Bradley’s appellate litigation group, argued the case for the State of Alabama, which intervened (in support of TVA) to protect its sovereign interests. TVA was very well represented by in-house counsel Harriet Cooper.

Bates v. Cohn, 417 Md. 309, 9 A.3d 846 (2010)

Achieved a significant victory in the Maryland Court of Appeals in a much-anticipated appellate decision concerning foreclosure law. The matter was initially appealed to the intermediate appellate court, but the Court of Appeals took jurisdiction over the appeal on its own motion, signaling the importance of the case. In a published decision, the Court unanimously adopted our position concerning when challenges to foreclosure sales were procedurally barred in Maryland.

AT&T Mobility, LLC v. Concepcion, 131S. Ct. 1740 (2011)

We filed an amicus brief at the certiorari stage, on behalf of DRI—The Voice of the Defense Bar, urging the Supreme Court to take the case. After the Court granted certiorari, we filed another amicus brief urging the Court to reverse the Ninth Circuit’s decision.

The case presented the question whether a court may, on “public policy” grounds, refuse to enforce an arbitration agreement that requires individual (as opposed to class) arbitration. The Court’s 5-4 decision in our favor has had profound implications for the drafting and enforcement of arbitration agreements nationwide.

Badger v. Southern Farm Bureau Life Ins. Co., 612 F.3d 1334 (11th Cir. July 30, 2010)

Southern Life was sued for federal securities fraud and common law fraud arising out of its purchase of a debt instrument. At trial, Southern Life (then represented by different counsel) suffered an adverse jury verdict and a $31.7 million judgment; by the time the appeal was decided, the judgment, with interest, had ballooned to approximately $45 million. Bradley handled Southern Life’s appeal to the U.S. Court of Appeals for the Eleventh Circuit, which reversed on two independent grounds.

The case was significant in multiple respects. Most obviously, it negated a $45 million liability for the client. But the case also addressed a novel securities-law issue. Addressing a matter of first impression, the Eleventh Circuit held that the district court had erred in instructing the jury that Southern Life, as the buyer of a security in an arm’s-length transaction, had a duty to disclose transaction-related information “directly” to its counterparty’s shareholders. The case attracted nationwide attention. Reflecting its legal and practical importance, the case prompted amicus curiae briefs by both the Washington Legal Foundation and a diverse group of corporate and securities-law professors from, e.g., Yale, Georgetown, Michigan, and Northwestern.

Ex parte Michelin North America, 56 So. 3d 604 (Ala. 2010)

This appeal arose from a two-car, multiple death accident involving the alleged failure of a Michelin tire. The appeal involved a dispute over where the case was to be tried. Under Alabama law, damages in wrongful death cases are exclusively punitive damages, so the amount at issue is essentially unlimited. Our client prevailed on petition for mandamus which resulted in the transfer of the case out of a dangerous venue.  The case was later settled for a confidential amount.

McDonald v. City of Chicago, 130 S. Ct. 3020 (2010)

McDonald was the U.S. Supreme Court’s landmark decision holding that the Second Amendment right to keep and bear arms is incorporated against the States through the Fourteenth Amendment. On behalf of a group of scholars, Bradley filed an amicus curiae brief in support of the winning side.

McDonald was the most anticipated decision of the Court’s 2009-10 term, and one of the most significant decisions in the Court’s recent history. CBS News ran a piece on their “law watch” website calling our amicus brief one of the “highlights” among the numerous amicus briefs that were filed.

Roe v. Michelin North America, 613 F.3d 1058 (11th Cir. 2010)

This appeal arose from a two-car, multiple death accident involving alleged failure of a Michelin tire. Michelin removed the case to federal court, where it defeated the Plaintiff’s motion to remand the case back to state court. The Plaintiff obtained permission to appeal the order denying remand, and the Eleventh Circuit affirmed. The Eleventh Circuit’s decision in Roe is significant because it prevents plaintiffs’ counsel from avoiding federal jurisdiction by failing to demand a sum certain where it is “facially apparent” that the controversy exceeds the amount in controversy necessary for diversity jurisdiction.

Firm Wins $2 Million Judgment for the Alabama Commercial Mobile Radio Services Board

The Alabama Supreme Court unanimously affirmed a $2 million judgment in favor of Alabama's 911 Board against T-Mobile for failing to pay 911 fees on prepaid cellular phones. Partners in the firm’s Huntsville office served as deputy attorneys general in this litigation. The Alabama 911 Board was created to collect 911 service charges from cellular service providers with customers in Alabama. T-Mobile filed a lawsuit challenging whether Alabama’s 911 law applied to its prepaid customers. The circuit court held that the law applied and entered a $2 million judgment in our client’s favor. The Alabama Supreme Court unanimously affirmed the trial court’s reasoning and conclusion of law. The case, besides definitively resolving the important statutory issue going forward, will result in over $8 million to the State's 911 system, when escrowed service charges from other cellular carriers are considered.

T-Mobile South, LLC v. Bonet - So. 3d -, 2011 WL 6004616 (Ala. 2011)

The Alabama Supreme Court unanimously affirmed a $2 million judgment in favor of Alabama's 911 Board against T-Mobile for failing to pay 911 fees on prepaid cellular phones. Partners in the firm’s Huntsville office served as deputy attorneys general in this litigation. The Alabama 911 Board was created to collect 911 service charges from cellular service providers with customers in Alabama. T-Mobile filed a lawsuit challenging whether Alabama’s 911 law applied to its prepaid customers. The circuit court held that the law applied and entered a $2 million judgment in our client’s favor. The Alabama Supreme Court unanimously affirmed the trial court’s reasoning and conclusion of law. The case, besides definitively resolving the important statutory issue going forward, will result in over $8 million to the State's 911 system, when escrowed service charges from other cellular carriers are considered.

Poswalk v. GMAC Mortgage, LLC, 519 Fed. Appx. 884 (5th Cir. 2013)

Successfully defended a judgment for a mortgage servicer in an action to invalidate a lien under the Texas Constitution.

R&G, LLC v. RCH IV-WB, LLC, 122 So. 3d 1253 (Ala. 2013)

Successfully defended a post-foreclosure deficiency judgment for a commercial mortgage.

Farrow v. West, 320 F.3d 1235 (11th Cir. 2003)

As appointed counsel, obtained reversal of a summary judgment against a prisoner claiming deliberate indifference to medical needs.

Hoover, Inc. v. State Department of Revenue, 833 So. 2d 32 (Ala. 2002)

Obtained reversal of a judgment against a corporate taxpayer subject to an unconstitutional sales tax.

Keck v. Dryvit Systems, Inc., 830 So. 2d 1 (Ala. 2002)

Successfully defended a judgment for an EIFS manufacturer on product-liability and fraudulent-suppression claims.

Southern Foodservice Management, Inc. v. American Fidelity Assurance Co., 850 So. 2d 316 (Ala. 2002)

Successfully defended an order compelling arbitration of insurance claims.

Lacheen v. U.S. Bank, No. 3D13-1601 (Fla. 3d DCA Mar. 19, 2014)

Successfully defended bank on appeal after oral argument that involved complex issues of standing and admissibility of evidence.

Rogers v. U.S. Bank, No. 2D13-2661 (Fla. 2d DCA May 7, 2014)

Obtained affirmance of foreclosure judgment and award of attorneys fees for bank after oral argument.

Badger v. Southern Farm Bureau Life Insurance Co., 612 F.3d 1334 (11th Cir. 2010)

question whether, in the context of an arm’s-length securities transaction, Rule 10b-5 requires selling party to make disclosures directly to buying party’s shareholders

Brim v. Midland Credit Management, Inc., No. 11-12537 (11th Cir.; argued March 2012 (settled))

questions whether debt collector “willfully” violated Fair Credit Reporting Act and whether punitive damages award was unconstitutionally excessive

Bryant v. Wyeth Inc., 497 Fed. Appx. 207 (5th Cir. 2012)

question whether plaintiff’s claims arising from ingestion of defendant’s pharmaceutical product were time-barred

Clark v. Riley, 595 F.3d 1258 (11th Cir. 2010)

question whether university trustee was subject to mandatory-retirement provision and, if so, whether that provision violated the Equal Protection Clause

Dobbs v. Wyeth Pharms., No. 12-6077 (10th Cir.; argued January 2013)

question whether failure-to-warn claim against pharmaceutical manufacturer was preempted by federal law

Farkas v. GMAC Mortgage LLC, 737 F.3d 338 (5th Cir. 2013)

Successfully defended summary judgment for mortgage servicer and mortgagee in borrower's suit to avoid foreclosure.

Franzman v. Wyeth, Inc., __ S.W.3d ___, 2014 WL 4210207 (Mo. Ct. App. Aug. 26, 2014)

question whether fraud claims against pharmaceutical manufacturer based on “innovator liability” theory were cognizable under Kentucky law

Guarino v. Wyeth LLC, 719 F.3d 1245 (11th Cir. 2013)

question whether fraud claims against pharmaceutical manufacturer based on “innovator liability” theory were cognizable under Florida law

Lashley v. Pfizer, Inc., 750 F.3d 470 (5th Cir. 2014)

question whether fraud claims against pharmaceutical manufacturer based on “innovator liability” theory were cognizable under Mississippi law

McDermott Gulf Operating Co. v. Con-Dive, LLC, Nos. 09-13289, 09-13858, 2010 WL 1225958 (11th Cir. 2010)

question whether admiralty law warranted equitable vacatur of equipment on board ship in Mexican waters

Metz v. Wyeth LLC, 525 Fed. Appx. 893 (11th Cir. 2013)

question whether fraud claims against pharmaceutical manufacturer based on “innovator liability” theory were cognizable under Florida law

North Carolina v. Tennessee Valley Authority, 615 F.3d 291 (4th Cir. 2010)

question whether interstate-pollution suit barred by Clean Air Act or principles of federalism

Otis Elevator Co. v. W.G. Yates & Sons Construction Co., No. 13-14067

11th Cir.; argued Aug. 21, 2014) (question whether subcontractor breached contract pertaining to installation of escalators at international airport

Plaintiffs’ Shareholders Corporation v. Southern Farm Bureau Life Ins. Co., 486 Fed. Appx. 786 (11th Cir. 2012)

question whether defendant’s right to compel arbitration “rejuvenated” following plaintiff’s filing of an amended complaint

Riley v. Kennedy, 553 U.S. 406 (U.S. Supreme Court 2008)

question whether Section 5 of the Voting Rights Act of 1965 required “preclearance” of state supreme court decision

SmithKlineBeecham Corp. d/b/a GlaxoSmithKline v. State of Alabama, 41 So. 3d 15 (Ala. Supreme Court 2009)

question whether a pharmaceutical company defrauded state Medicaid system

United States v. Hamaker, 303 Fed. Appx. 855 (11th Cir. 2008)

question whether an 18-month prison sentence for bank fraud was appropriate

Wyeth, Inc. v. Weeks, No. __ So. 3d ___, 2014 WL 4055813 (Ala. Aug. 15, 2013)

question whether fraud claims against pharmaceutical manufacturer based on “innovator liability” theory were cognizable under Alabama law

Kinsale Ins. Co. v. Georgia-Pacific LLC, 2015 WL 4529290 (5th Cir. 2015)

Represented policyholder in successful appeal from an adverse insurance-coverage decision. In a case of first impression, the appellate court adopted policyholder’s position that an “insured versus insured” exclusion in a CGL policy does not bar coverage for pass through indemnity claims among insureds.

Sai v. United States Postal Service, 14-646 (U.S. Supreme Court 2014)

Authored amicus brief on behalf of legal aid associations urging Supreme Court to clarify and protect the privacy rights of individuals proceeding in forma pauperis in federal court.

Otis Elevator Co. v. W.G. Yates & Sons Construction Co., 589 Fed. Appx. 953 (11th Cir. 2014)

Represented general contractor in successful appeal from a breach of contract judgment, winning reversal of judgment on subcontractor’s failure to seek pre-bid clarification and remand for a new trial on contractor’s damages.

Cleveland MHC, LLC v. City of Richland, 163 So. 3d 302 (Miss. Ct. App. 2014)

Authored amicus brief on commercial property owner’s constitutional right to continue a “non-conforming” use of his property, which was cited and relied upon by appellate court in overturning city’s zoning ordinances.

Baker & McKenzie, LLP v. S. Lavon Evans, et al. , 123 So.3d 387 (Miss. 2013)

Represented international law firm in appeal of $100 million legal malpractice verdict, the largest in Mississippi history, and won complete reversal of damages award.

Tellus Operating Group, LLC v. Texas Petroleum Investment Co. , 105 So.3d 274 (Miss. 2012)

Represented Tellus Operating, Mississippi’s largest oil and gas operator, in appeal of defense jury verdict in natural gas conversion and commingling suit seeking over $16 million in lost profits.

Elliott v. KB Home North Carolina, Inc. , 752 S.E.2d 694 (N.C. Ct. App. 2013)

Represented national custom-home manufacturer in interlocutory appeal of order certifying for class action treatment a plaintiffs’ class of homeowners who had signed arbitration agreements.

MESJ, Inc. v. Mississippi Dep’t of Corrections , 98 So.3d 459 (Miss. 2012)

Represented advocacy group in appeal of executive agency’s refusal to publish lethal injection rules and procedures under the Mississippi Administrative Procedures Act.

Double Quick, Inc. v. Lymas , 50 So.3d 292 (Miss. 2010)

Filed amicus brief on behalf of Mississippi Manufacturers’ Association and other trade groups in support of prevailing party on appeal from premises liability verdict in excess of $4 million.

McDermott Gulf Operating Co. v. Con-Dive, LLC , 402 Fed. Appx. 514 (11th Cir. 2010)

Represented international oil and gas exploration company in appeal of maritime dispute arising from district court’s vacatur of an attachment and arrest to secure unpaid charter hire.

Delta & Pine Land Co. v. Nationwide Agribusiness, Co. , 530 F.3d 595 (5th Cir. 2008)

Represented seed producer in appeal of coverage dispute with commercial liability insurer.