E. Russell March III
Phone : (251) 441-9256
Mr. E. Russell March III
Barney March’s legal practice includes commercial litigation, creditor’s rights, commercial and consumer bankruptcy, and probate matters with an emphasis on guardianships, conservatorships, and mental illness. His clients include manufacturers, suppliers, national finance companies, banks, insurance companies, investors, shareholders, and healthcare providers, as well as individuals.
A large portion of Barney’s practice involves bankruptcies where he represents creditors in debt and asset recovery, collateral protection, loan workouts, and, debt restructuring. His bankruptcy practice also includes issues involving preference payments, cash collateral, fraudulent conveyances, adequate protection and stay relief. His clients are secured and unsecured creditors in both commercial and consumer bankruptcies.
A significant portion of Barney’s practice focuses on probate matters, particularly in the areas of mental health, guardianships, and conservatorships. Barney works with clients to protect their family members and loved ones from abuse, exploitation, and neglect and to ensure that those who cannot adequately care for themselves are given the tools and means to meet their day-to-day living and medical needs.
As part of his probate work, Barney helped establish the Volunteer Guardian Program in Mobile County. This program was developed by the probate court to assist the large number of people in the community who lack an available guardian. Having volunteer guardians helps alleviate a portion of the extended urgent care stays that heavily contribute to high healthcare costs.
Barney understands his clients’ priorities and business objectives, working with each client to create a strategy that is responsive to that client’s individual needs.
- Represented national finance company in suit addressing validity of a waiver of defense clause with respect to assignee’s of service contract
- Successfully defended local investor in fraudulent transfer action resulting from Chapter 7 bankruptcy of automobile resale business. Negotiated highly favorable settlement for client facing claims for approximately $1 million.
- Successfully represented automotive finance company in suit for conversion.
- Represented several major automobile financing companies in numerous consumer bankruptcy matters.
- Represented three major banks in consumer and commercial bankruptcy matters throughout Alabama.
- Represented nationwide manufacturer and distributor of gas grills in product liability action brought by burn victim, and negotiated favorable settlement.
- Represented majority shareholders in defending derivative shareholders’ lawsuit arising from ownership and management of a local hotel. Negotiated settlement whereby clients received approximately $1.3 million for their interest.
- Represented franchisee in fraud and breach of contract action against nationwide franchisor of fitness centers.
- Successfully represented large national banking corporation in loan fraud case.
- Successfully represented national banking corporation in suit over rights and obligations with respect to Certificates of Deposit.
- Successfully defended large insurance company against allegations of fraud and breach of contract arising from the sale of life insurance policies having a vanishing premium feature. Obtained summary judgment in favor of insurance company.
- Successfully defended insurance company against allegations of fraud and breach of contract arising from the sale of major medical insurance policy.
- Successfully defended group health plan in action alleging age and sex discrimination by employee who was denied promotion. Obtained summary judgment in favor of employer.
- Represented pharmaceutical distributor in litigation involving claims of breach of fiduciary duty, usurpation of corporate opportunity and misappropriation and misuse of trade secrets against former employees and other drug distributors.
- Successfully defended manufacturing client in workers’ compensation action in which the plaintiff claimed permanent total disability arising from neck surgery allegedly resulting from repetitive action on production line. Bench verdict in favor of employer was affirmed by the Court of Civil Appeals. The Alabama Supreme Court denied the plaintiff’s petition for certiorari.
- President of the Board of Directors, South Alabama Volunteer Lawyers Program (2016 – 2017)
- Member, Mobile Bar Association Executive Committee (2016 – 2017)
- American Bar Association and Alabama Bar Association
- Member, American Bankruptcy Institute
- President of the Board of Directors, Mobile Theatre Guild (2012 – 2016)
- Served as Board Member, Girl Scouts Council of the Deep South
- Served as Board Member, Mental Health Association of Southwest Alabama
- Served as Board Member, Volunteer Mobile