David C. Hannan
Member
Admitted In:
- 1971, Alabama State Bar, U.S. District Court, Southern District of Alabama
- 1975, U.S. Court of Appeals, Fifth Circuit
- 1980, U.S. Claims Court
- 1981, U.S. Court of Appeals, Eleventh Circuit
- 1988, U. S. District Court, Northern District of Alabama
- 1990, U. S. District Court, Middle District of Alabama
Education:
- Emory and Henry College
- B.A. Degree, History, Auburn University (1968)
- J.D. Degree, University of Alabama (1971).
Additional Information:
Affiliations
- Past Chairman, Bankruptcy Section, Mobile Bar Association.
- Member, Defense Research Institute (Southeast Regional Representative, Life, Health & Disability Insurance Committee, 1994-2003).
- Member, International Association of Defense Counsel (Chairman, Accident, Health and Life Committee, 1991-1994; Casualty Insurance Committee; Products Liability Committee; Professional Liability Committee).
- Maritime Law Association of the United States.
- Alabama Defense Lawyers Association.
- Rated by Martindale-Hubbell AV Preeminent for 20 years.
Community Involvement
- Graduate, Leadership Mobile (1978).
- Vice-Chair Legal and General Counsel to Mobile Area Chamber of Commerce, three terms (2005-2006, 2006-2007, 2007-2008).
- Past President, Council Commissioner, and Chairman, Choctaw District, current Board Member, Mobile Area Council of the Boy Scouts of America, and Advisory Board Member, Southeast Region.
- Past President and current Board Member, WHIL Public Radio.
- Member, Senior Bowl Committee (1974-Current).
- Vestry, St. Paul’s Episcopal Church (1978-1981; 2007-2010).
- Past President and past Board Member, Volunteer Mobile, Mobile Pre-School for the Sensory Impaired, and Mobile Track and Field Association.
- Past Board Member, United Way of Southwest Alabama, Boys & Girls Clubs of Southwest Alabama, American Cancer Society, Head Start Policy Council, and Leadership Mobile, Inc.
- Past President Mobile Auburn Alumni Association (1983)
- Member, Board of Advisors, College of Business, Auburn University (1988-1991)
Seminars
- Chair and Speaker, Legal Issues Seminar, Mobile Area Chamber of Commerce (2007-2009).
- Speaker, Maritime Personal Injury Seminar (Lorman Education Services 2007).
- Speaker, Johnstone Adams Employment Law Seminar (2001-2009).
- Speaker, “Insurance Law Seminar” (Alabama Bar Institute of Continuing Legal Education 1990).
- Speaker, “Creditors’ Rights and Liens” Alabama Circuit Court Judicial Conference (1984).
Representative Cases
Admiralty and Maritime
- Successful resolution of claims for maintenance and cure and unseaworthiness involving seaman injured onshore while in service of tug.
- Successful defense of unseaworthiness claim brought by engineer on coast-wise vessel.
- Successful resolution of 33 U.S.C. 905(b) wrongful death claim by longshoreman’s widow against vessel and multiple codefendants.
- Successful resolution of 33 U.S.C. 905(b) permanent and total disability claim by establishing comparative fault at approximately 50%.
- Numerous on-board investigations involving personal injury, property damage, stowaways and compliance with federal regulations.
- Successful defense of collision/allision claims.
- Successful negotiation with various governmental agencies regarding potential fines.
- Handling of salvage claims after hurricanes.
- Handling of release from attachment and arrest.
Bankruptcy and Creditors’ Rights
- Successfully defended preference and fraudulent transfer actions.
- Successfully prosecuted a nondischargeability proceeding against a well-known manager of a securities brokerage.
- Successfully represented one creditor bank in an adversary proceeding containing a RICO cause of action against another creditor bank that had fostered a check kiting scheme and had shut off the Chapter 11 Debtor’s credit when the client bank was in its worst position and the defendant bank was in its best position.
- Successfully presented numerous relief from stay proceedings.
- Successfully represented two Chapter 11 Debtors.
- Representation of Chapter 7 Trustees.
- Significant representation of secured and unsecured creditors.
ERISA Rights and Litigation
- Representation of insurance company involving successful removal to Federal Court of fraud in the inducement actions against agent and insurance company in case governed by ERISA. Litigation settled without additional payment by Plan or company involved.
- Representation of ERISA Plan to defeat claim of survivor where Plan participant had elected benefit that cut off survivor upon participant’s death. After removal, summary judgment for ERISA Plan.
- Removal to federal courts and successful defense of numerous other cases.
First-Party Insurance Defense
- Successful trials involving numerous insurance companies in which various defenses were asserted.
- Successful settlement of case involving claim by widower where writing agent allegedly had knowledge of preexisting heart condition of deceased wife but company denied life insurance claim. Widower and minor children had home repossessed and were forced to live in a small camping trailer.
- Successful assertions of ERISA preemption.
- Successful resolution of case involving alleged bad faith since insurance company received anonymous call which allegedly should have put company on notice of preexisting condition.
- Successful settlement in preexisting condition case in which Johnstone Adams was asked to take over defense for first firm after company decided that wrong theory of defense was being followed.
- Successful trial of case brought by widow of decedent who allegedly failed to disclose medical condition.
- Multiple summary judgments in bad faith cases.
- Defense verdict for insurance company as to claim of long-term disability.
- Successful settlements spanning from four figures into the seven figures.
- Successful handling of numerous other cases involving alleged insurance company fraud and bad faith in life, disability, health, accident, fire and other matters, with and without agent fraud, with and without mediation, including trials and settlements.
General Liability Insurance Defense
- Summary judgment in slip and fall case involving major fast-food restaurant chain after deposition of plaintiff.
- Successful settlements of numerous alcohol liability cases in various State Courts.
- Successful defense in numerous cases involving all types of general liability claims.
Personal Injury Defense
- Defense verdict in automobile liability case in which contributory negligence was successfully imputed to plaintiff.
- Numerous successful settlements for major insurance company insureds, both with and without mediation.
- Trials in all courts, in which various available defenses were asserted.
- Defense of wrongful death cases.
Professional Liability Defense
- Representation of insurance agents in various cases where agent misconduct was alleged.
- Representation of pharmacists of large regional drugstore chain in alleged misfilling of prescriptions cases.
Product Liability
- Successful defense of battery explosion cases in State Court, representing various companies.
- Successful participation as outside general counsel for major manufacturing company in defense of claim alleged substandard manufacturing of paint products.
- Successful defense of manufacturer of prosthetic devices.
Toxic Torts
- Successful defense of automotive product case involving alleged toxic skin irritant. After deposition of plaintiff’s expert, case dismissed by plaintiff without payment to plaintiff.
- Successful summary judgments representing pharmacists in Fen-Phen litigation.
Workers' Compensation, Employment Law
- Successful resolution of numerous workers’ compensation cases.
- Obtained summary judgment in retaliatory discharge case involving employee who also claimed workers’ compensation benefits.
- Represented employers in various Title VII cases.
Reported Decisions