Jul 7, 2020 | Newsletter | 0 comments
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Johnstone Adams, LLC is an Alabama professional association engaged in the practice of law.
The information on this website is provided for general informational purposes only. None of the information on this website is offered, nor should it be construed, as legal advice on any matter. Nothing on this website – including the presentment, transmittal, and/or receipt of the information on this website – shall create or is intended to create a prospective or actual attorney-client relationship between you (or any other person) and Johnstone Adams, LLC (or any of the firm’s attorneys). You should not act or rely upon any information contained in this website without first specifically seeking professional legal advice. By visiting this website or receiving information from this website, you shall not become an actual or prospective client of the firm and the firm shall not be precluded from representing any person with interests that are adverse to your interests.
As a convenience only, links to other websites or resources on the Internet may be offered at this site. Johnstone Adams, LLC takes no responsibility for the content, accuracy, or currency of those other sites or resources. Moreover, we do not endorse any commercial product or service that may be advertised or available at those sites.
The email addresses of the firm’s attorneys are provided on this website. Although we want to hear from you, please understand that your email will not create a prospective or actual attorney-client relationship with this firm. The firm cannot represent you until: we have conducted our conflict-check protocol to confirm that our representation of you will not create a conflict of interest; and, you and the Firm have entered into a formal engagement agreement that expressly confirms that we are willing to represent you in accordance with the terms of that engagement agreement. Additionally, we have no duty to keep confidential information that you transmit to us in the absence of an attorney-client relationship. Accordingly, please do not send us any information about any matter in which you may be involved unless and until an attorney-client relationship has been formed pursuant to a formal engagement letter. Once an attorney-client relationship has been formed pursuant to a formal engagement letter, we will be in a position to receive sensitive or confidential information from you.
Johnstone Adams, LLC has endeavored to comply with all applicable legal and ethical requirements in operating this site. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. We will not, under any circumstance, undertake any work or engagement that conflicts with any applicable, ethical, or statutory requirement pertaining to the performance of professional legal services. This website may describe the outcomes of prior matters handled by particular lawyers of the firm. It is important to understand that each matter or case is different and that prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter in which a lawyer or law firm may be retained. This website may describe testimonials of clients, former clients, or colleagues in the legal profession, and may describe accolades, ratings, or honors received by the firm or by lawyers of the firm. Such descriptions are for informational purposes only and are not intended to constitute a prediction or assurance that a favorable result or outcome will be achieved in any future matter in which a lawyer or firm may be retained.
Prepare sophisticated and simple wills, powers of attorney and health care advance directives (living wills).
Represent clients in post-mortem planning such as qualified disclaimers.
Represent clients in probating wills and assist in estate administration and guardian and conservator proceedings.
Represent clients in providing advice and preparation of documents associated with irrevocable life insurance trusts, including pour-over trusts from wills.
Represent clients in the preparation of prenuptial and postnuptial agreements.
Represent clients in providing advice on family business succession planning.
Prepare sophisticated trusts, including dynasty trusts, life insurance trusts, irrevocable trusts, revocable trusts, and special needs trusts.
Represent family and friends seeking commitment of individuals that are mentally ill and in need of involuntary treatment.
Represent family and friends in obtaining guardianship over individuals that are mentally or physically incapacitated and in need of assistance with daily living activities.
Represent family and friends in obtaining conservatorship over individuals that are mentally or physically incapacitated and in need of assistance with financial activities.
Represented a land owner, forester and hunting club in a controlled burning case where smoke from fire allegedly crossed a road; received judgment for the defendants.
Represented a forester in controlled burning litigation; the case settled for half of amount of the offer of judgment prior to trial.
Represented a land owner, management company, hunting club and the hunting club president in an ongoing personal injury matter regarding allegations that a hazard was placed across Big Escambia Creek and subsequently struck by the operator of an air boat.
Represented a paper mill landowner and insured hunting club member in an accidental shooting case; the claims were favorably settled prior to trial.
Represented an insured timber company in a personal injury matter where a logging crew cut a tree down that fell across the highway, striking a vehicle traveling along the highway; the claims were favorably settled prior to trial.
Representation of major oil company in acquisition of rights of way.
Representation of property manager in CERCLA contribution litigation over a Superfund site.
Successful representation of major insurance company mortgagee in $1.5 million CERCLA recovery for perchloroethylene (PCE) contamination by former tenant.
Representation of landowners in defense of migrating gasoline and diesel pollution litigation.
Representation of major oil company in NORM contamination litigation.
We help businesses prepare non-immigrant employment visa petitions, including petitions in the Canadian and Mexican TN (NAFTA), H-IB (professionals), E1/E2 (treaty traders/investors), L-1A (intracompany transferees), J (exchange visitors) and R (religious workers) categories.
Assist employers with Form I-9 employment verification and compliance issues, including the use of E-Verify.
Represent corporate clients in Form I-9 audits conducted by Immigration and Customs Enforcement (ICE).
Advise clients on developing and implementing employment verification policies and procedures, including Form I-9, E-Verify, the IMAGE Program and SSA No-Match Letters.
Counsel businesses on the effect of the Alabama immigration law, the Hammon-Beason Alabama Taxpayer and Citizen Protection Act.
Guide employers through the permanent residence process for employees in various immigration categories, including advice on the PERM Labor Certification system.
Prepare non-immigrant visa petitions, including those in the B-1/B-2 (business/pleasure), F-1 (student) and K (fiancée) categories.
Guide individuals through the permanent residence process, through both adjustment of status (I-485) and consular processing.
Help individuals prepare comprehensive I-601 and I-601A extreme hardship waivers in conjunction with permanent residence petitions.
Advise individuals on the naturalization process.
Assist individuals in applying for Deferred Action.
Coordinate client responses to USCIS Requests for Evidence.
Represented numerous lending institutions in closing SBA 504 and 7(a) program loans.
Assisted a regional bank in closing more than $125 million in condominium construction loans.
On behalf of a regional bank, we handled various Article 3, 4 and 9A issues.
Helped a regional bank in preferred ship mortgage financing and recovery of collateral.
Represented an institutional lender in an eight-state, multi-complex industrial loan package totaling more than $40 million.
Aided a lender in closing agribusiness loans on poultry growing units and processing plants with loans totaling approximately $22 million.
Litigated on behalf of an institutional lender in a suit against an architect and a foundations contractor regarding negligent construction of a commercial office complex in recovering in excess of $1 million.
Represented large national bank affiliates in defending three loan fraud cases.
Represented a large regional bank in defending five lender liability tax cases.
Assisted a regional bank in takeover litigation.
Represented a large regional bank in defending two forgery matters.
Recovery of a claim against the United States government on behalf of a regional bank on a letter of credit.
Represented national and regional lenders in the defense of numerous consumer class actions involving residential real estate escrow charges, insurance sales practices, residential real estate mortgage discounts, banking industry checking account practices and credit life insurance.
Assisted secured institutional lenders in numerous litigated bankruptcy proceedings to obtain a stay relief for our client.
Served an institutional lender in obtaining possession of a golf course and the adjacent subdivision in litigated bankruptcy proceeding, including obtaining recovery from an individual guarantor in excess of $1 million.
Helped a secured lender obtain a judicial foreclosure on a high rise hotel and obtain a deficiency judgment against a guarantor of more than $3 million.
Represented an institutional lender in litigation against a general contractor and a condominium developer resulting in possession for our lender clients and credits against the general contractor for defective workmanship.
Advocated on behalf of a regional lending institution before Congress to obtain Congressional Reference legislation enabling the lender to proceed against the federal government in the U.S. Claims Court.
Represented a regional lender in the recovery of $1.2 million in cash collateral through a bankruptcy court proceeding.
Assisted a regional bank in connection with objections to various Chapter 11 Plans of Reorganization.
Representation of institutional lender in defending claims brought by beneficiaries of medical trust.
Facilitated the recovery of more than $600,000 in collateral from another creditor of a debtor together with a settlement of an alter ego claim in excess of $300,000 on behalf of our institutional lender client.
Represented a regional bank in a lender liability fraud action.
Provide tax advice and planning to a number of business and non-profit corporations, professional corporations, limited liability companies (LLCs), partnerships and trusts.
Provide tax and other legal advice to several local and Southwest Alabama-based foundations, including the formation of foundations, providing advice relating to charitable gifts and donations, and regular advice as general counsel to a foundation having assets of approximately $33 million.
Obtain tax-exempt statuses for charitable foundations, and non-profit and governmental health care organizations.
Represent taxpayers in tax litigation in United States Tax Court and Federal District Court.
Represent clients and provide advice and preparation of documents associated with irrevocable life insurance trusts.
Represent trust departments with regard to their actions as trustees of revocable and irrevocable trusts and as trustees participating in limited partnerships and limited liability companies.
Represent clients in the preparation of prenuptial agreements.
Lead counsel for an institutional lender in an eight-state, eight-complex industrial loan package totaling more than $40 million.
Lead counsel in acquisition of large plant and associated pipeline rights of way for Fortune 500 chemical company.
Service as lead counsel in defense of fair housing claims brought by the United States Department of Justice and private plaintiffs; cases settled through presuit mediation including five apartment complexes and over 2,000 apartment units.
Represented lenders on numerous agribusiness loans.
Assisted numerous purchasers and sellers in acquisitions of shopping centers, office complexes and apartment complexes.
Served as lender’s counsel in closing agribusiness loans on poultry growing units and processing plants with loans totaling approximately $15 million.
Represented the seller of a regional shopping mall consisting of more than 850,000 square feet with a purchase price exceeding $28 million.
Represented seller in a judicial sale involving more than 25,000 acres of Mobile River Delta timberlands.
Represented a privately-owned real estate development company in the incremental acquisition of timberlands totaling 65,000 acres.
Assisted local governmental agency by preparing loan documents and closing SBA 504 loans.
Represent local, regional and national financial institutions by preparing loan documents and closing SBA 7(a) loans.
Assistance to lead counsel in representation of purchaser regarding the inter-company financing of the purchase of a hotel in Birmingham, Alabama.
Assistance to lead counsel in representation of guarantor in negotiation of refinancing of outlet shopping center in Destin, Florida.
Assistance to lead counsel in representation of major regional hospital in purchase of a regional hospital in Thomasville, Alabama.
Successful representation of landowners in defense of migrating gasoline and diesel pollution litigation.
Successfully represented a major oil company in NORM contamination litigation.
Successfully represented two major oil companies in defense, dismissal of two and settlement of two other of class action crude oil royalty underpayment matters.
Ongoing representation of major oil company in defense of three class action gas and sulphur royalty underpayment matters.
Represented a major oil company in the successful dismissal of a wrongful death litigation case.
Successfully represented a major oil company in the recovery of cost of service charges to gas and sulphur royalty owners.
Representation of a major oil company in Alabama tax litigation with Department of Revenue.
Defense of insureds in numerous motor vehicle accident cases, including those involving the simplest of facts as well as death cases and cases involving intoxication.
Defense of pharmacists in cases involving alleged medication errors and in FenPhen litigation.
Representation of insurers on personal lines coverage issues, including opinions of counsel and declaratory judgment coverage litigation.
Defense of insureds in fraud and malfeasance suits, including the defense of real estate companies, agents and brokers.
Defense of EIFS manufacturer in connection with alleged underperformance of product.
Representation of national title insurance companies in the defense of claims and potential claims relating to title insurance policies.
Defense of numerous insurance companies in contract, bad faith and fraud cases, involving issues as diverse as preexisting conditions, misrepresentation, suicide, aggressor doctrine, intentional acts and arson defenses.
Defense of insureds in a broad variety of household accident cases, including cases involving noncriminal assault, alleged sexual misconduct, animals causing injury, accidental injury from firearms and alleged failure of household security.
Defense of uninsured and underinsured motorist claims, including application of the various “opt out” procedures.
Defense of attorneys, physicians and nurses in cases involving allegations of professional negligence.
Defense of insured chemical manufacturer in alleged underperformance of agricultural products, defense of valve manufacturer in liquid fertilizer accidental eye injury case, and defense of land owners in controlled burning and hunting club accident cases.
Defense of general contractor sued by municipality for alleged defects in construction of sewer system, in which more than 100 residents joined, all alleging claims for personal injury and property damage.
Assisted an integrated healthcare network in the acquisition and sale of several rural hospitals in southwest Alabama.
Serve as general counsel for a number of hospitals, including a large integrated healthcare network.
Advise numerous hospital clients on tax law and hospital law on an ongoing basis.
Advised clients in connection with the acquisition of a large number of physician practices.
Represented a major hospital competing for a certificate of need for nursing home beds, obtaining favorable rulings by an administrative agency, a fair hearing officer and the appellate court.
Obtained a favorable decision from the CON Review Board on behalf of a nursing home seeking approval of a certificate of need to expand.
Obtained a favorable settlement for a hospital in litigation involving an EEOC Commissioner’s sexual harassment/discrimination charge.
Represented a hospital system in connection with the purchase and sale of hospitals.
Represented a health-care client and its managers in defending against a termination/harassment case filed by a 20-year employee. Individual managers were dismissed early in the action and the employer was dismissed on summary judgment.
Represented a hospital in cases alleging violation of the Americans with Disabilities Act by an employee suffering on-the-job injury and a companion workers’ compensation action. She was unable to return to her prior position and terminated when not placed in a different position within the leave of absence period. Motion for summary judgment was granted in favor of the employer. The case was appealed by the plaintiff to the Eleventh Circuit Court of Appeals where summary judgment was affirmed. The companion workers’ compensation action also settled favorably.
Represented a financial institution in defending an Equal Pay Act claim by a female manager who was paid a lower salary than the supervisor she succeeded. Summary judgment was granted for our client.
Represented a national hotel chain in connection with a race discrimination claim filed by a terminated security guard; received a judgment for the employer after a trial on the merits.
Represented a hospital in a pregnancy discrimination case brought by a nurse terminated when physical restrictions placed on her due to a pregnancy that prevented her from performing job. The plaintiff voluntarily dismissed the case in return for promise of neutral reference.
Represented a group health plan in an action alleging age and sex discrimination by an employee denied a promotion; summary judgment was granted for the employer.
Represented a retail client in a sexual harassment case; motion for summary judgment was granted in favor of the employer.
Represented a retail client in a case alleging violation of the Americans with Disabilities Act by employee claiming employer failed to accommodate his requests for certain lunch breaks necessary in connection with his alleged condition of diabetes. Case settled for $500.00 while motion for summary judgment was pending.
Represented an employer insurance company against Title VII and ADEA claims of age discrimination by a former district manager; summary judgment was granted by the District Court and affirmed by the 11th Circuit.
Represented an employer paper mill against Title VII claims of sex discrimination and hostile work environment; the claim favorably settled prior to trial.
Represented County School Board defending Title VII and §1981 and 1983 claims of reverse race discrimination. Case favorably settled during trial.
Represented an employer defending a retaliatory discharge claim. Obtained jury verdict in favor of our client, and the verdict was affirmed by the Alabama Supreme Court.
Represented a manufacturing client in a workers’ compensation action in which the plaintiff claimed permanent total disability arising from a neck injury allegedly resulting from repetitive action on a production line; received an award for the employer after bench trial. The plaintiff appealed the award to the Court of Civil Appeals, which affirmed the award for employer. The plaintiff further petitioned for certiorari with the Alabama Supreme Court where certiorari denied.
Represented an employer in a pro-active measure to obtain court approval of mass lump sum settlements with approximately 150 employees suffering hearing loss in order to avoid the expense of anticipated separate litigation.
Represented County Commission defending workers’ compensation claim of a former employee who was permanently disabled in a wreck involving a county dump truck; the case favorably settled prior to trial.
Successfully represented a major oil company in defense of a suit brought against the company for alleged damages caused by violation of riparian rights.
Served as Alabama counsel to a national contractor during planning, bidding and construction of bridge over the Gulf Intracoastal Waterway.
Served as lead counsel representing an institutional lender with more than $1 million in claims against a design professional and a foundation contractor arising from the construction of a commercial office complex.
Served as lead counsel for a utilities subcontractor in a $1.2 million litigation and arbitration proceedings arising from the construction of a fiber optic cable line.
Served as lead counsel for a regional medical center in defending a claim for additional compensation by the design professional arising out of the construction of an addition to the hospital.
Successfully represented the owner of regional shopping mall in Mississippi sued by subcontractor asserting lien claims.
Successfully represented a general contractor in a suit for delay damages arising from the construction of city-owned historical building.
Successfully represented a shipyard and a contractor in claims arising out of the construction of two 16,000 ton chemical tankers owned by a Danish shipping company.
Successfully represented a marine contractor in claims arising out of construction of a tug/barge unit.
Successfully represented a general contractor sued by a municipality for alleged defects in construction of a sewer system and was joined by more than 100 residents of the municipality who alleged claims for personal injury and property damage.
Successfully represented a curtain-wall subcontractor in claims against the general contractor arising out of the construction of 35-story office/hotel project.
Assisted a large manufacturer in the sale of its plant assets in the southeast in transactions valued at approximately $50 million.
Defended a Mobile-area chemical plant in connection with construction-related disputes arising out of plant expansion.
Helped a Mobile-area manufacturer successfully recover damages for breach of warranty in connection with substantial plant equipment.
Represented a leading maritime construction employer in anti-trust and breach of contract claims in connection with insurance coverage.
Defended a major regional bank in a class action involving alleged wrongful deposit practices.
Represented major insurance companies in defense of claims for alleged wrongful sales practices.
Assisted a Japanese financial institution in defense of claims related to the purchase of mortgage-backed securities.
Represented major corporations in all types of personal injury and wrongful death cases ranging from slip and fall cases to dram shop death cases.
Represented landowners in prosecuting environmental claims against an oil company for contamination, resulting in a jury verdict in excess of $8 million.
Assisted an integrated health care network in the acquisition and/or sale of several rural hospitals located in southwest Alabama.
Represented a leading integrated health care network in all phases of corporate and tax practice, including acquisitions, board resolutions and minutes, traditional and bond financing in excess of $150 million, federal and state tax planning and negotiation, health care and construction contracts, and numerous other matters.
Represented major national manufacturer in purchase of out-of-state manufacturing facilities.
Negotiated a $12.5 million plus stock sale by a construction company as part of a proposed IPO roll up.
Represented purchasers in negotiating the acquisition and financing of a telemarketing company.
Assisted the seller of a regional shopping mall sold in excess of $28 million.
Represented closely held corporate shareholders in freeze-out litigation and a subsequent $3 million corporate division .
Service as lead counsel in the formation of an out-of-state multimillion dollar joint venture for capital goods modification.
Represented the purchaser of a local television station.
Assisted major chemical manufacturer in a $4 million contract termination claim in Oregon/Delaware/New York.
Assisted a leading oil company in tax litigation with the Alabama Department of Revenue.
Represented a title insurance agency in $1.2 million litigation arising out of insured’s failure to obtain partial releases of underlying mortgages for the purchasers of 183 time share units.
Assisted the seller in the stock sale of a national respiratory supplies company.