Commercial and Construction Litigation

Successfully represented the owner of regional shopping mall in Mississippi sued by subcontractor asserting lien claims.

Successfully represented general contractor in suit for delay damages arising from construction and renovation of city-owned historical building.

Represented a marine contractor who was sued by workers’ compensation insurer for retrospective premium; during trial, a $327,000 settlement was obtained for client on its counter-claim.

Successfully represented shipyard and contractor in claims arising out of the construction of two 16,000 ton chemical tankers owned by Danish shipping company.

Successfully represented a marine contractor in claims arising out of construction of tug/barge unit.

Successfully represented a general contractor sued by a municipality for alleged defects in construction of a sewer system and was joined in by more than 100 residents of the municipality who alleged claims for personal injury and property damage.

Successfully represented the owner of a high-rise office building in claims against the general contractor that damaged the building while conducting repairs to building envelope.

Successfully represented a curtain-wall subcontractor in claims against the general contractor arising out of construction of 35-story office/hotel project.

Successfully represented a mechanical contractor as outside general counsel, including preparation and prosecution of a Miller Act claim against national defense contractor, and defense of delay damages counterclaim, arising out of $80 million Navy project.

Successfully represented a commercial general contractor as outside general counsel, including contract review and windup of business following economic downturn; played a major role in enabling this client to complete a municipal project through negotiation of change orders and completion issues with municipality and performance bond surety; also successfully pursued delay damage claim against project design professional.

Successfully represented several subcontractors involved in construction by a German company of a multi-billion dollar stainless and carbon steel processing facility, including advising and assisting with payment issues, review of contracts, and negotiating same with owner and other contractors.

Successfully represented a health-care company in derivative action by minority shareholders and related spin-off litigation

Product Liability

Represented an industrial equipment company in separate lawsuits by two workers injured in the collapse of marine scaffolding; settled favorably for the client in the face of motions for summary judgment.

Represented a hospital sued for the implantation of allegedly defective pacemaker; the case was settled with client contributing nothing toward settlement.

Represented major cookware manufacturer sued for personal injuries as a result of the alleged explosion of its product; the case settled favorably for the client in the face of a motion to dismiss.

Represented a national restaurant chain sued for personal injuries allegedly as a result of food-borne illness; the case settled favorably for the client in face of motions for summary judgment and to exclude expert testimony.

Successfully provided regional representation for the manufacturer of building material in connection with claims by building owners (in multiple lawsuits) for damage due to alleged moisture entrapment in walls of building.

First Party Insurance Defense

Represented a life insurance company sued for wrongful death of insured under life insurance policy allegedly killed by beneficiary; received summary judgment in favor of client that was affirmed on appeal to Alabama Supreme Court.

Represented a life insurance company sued for intentional infliction of emotional distress by the mother of insured under life insurance policy allegedly killed by beneficiary; received summary judgment in favor of client at trial level which the intermediate appellate court reversed; after successful petition for certiorari, the Alabama Supreme Court reinstated and affirmed trial court’s summary judgment.

Represented a life insurance company sued in separate actions for fraud by two sisters in connection with the alleged misrepresentations of coverage of insured infant with a genetic defect; obtained verdict in the first case for substantially less than last settlement demand; second case then settled favorably for client prior to trial.

Represented a life insurance company sued for fraud and bad faith by the husband of the deceased insured; after the court entered partial summary judgment in the client’s favor, the case was settled on the eve of trial for nuisance value.

Represented several life insurance companies in many other lawsuits alleging fraud and bad faith with successful results.

Personal Injury Defense

Represented a major hotel chain sued for personal injuries by its guest; the case settled favorably for the client.

Represented a general contractor sued for personal injuries by a invitee of the hospital during the construction of a major addition to hospital; the case settled favorably for the client with a third party defendant paying the entire settlement amount.

Represented a major U.S. shipping company that was sued by Jones Act seaman; the claims were dismissed during trial on a motion for judgment as a matter of law.

Represented a major U.S. shipping company that was sued by longshoreman under §905(b) of the Longshore and Harbor Workers’ Compensation Act; after trial and verdict in favor of the longshoreman, a judgment notwithstanding the verdict was entered in favor of the client.

Represented a major U.S. shipping company that was sued by alleged Jones Act seaman; a jury verdict in favor of the client was obtained on all claims.

Represented a major hotel chain sued by guests claiming damages for fear of AIDS; summary judgment was granted in favor of the hotel.

Successfully provided statewide representation of a major retail chain in lawsuits alleging premises liability.

• Member, Alabama Bar Association
• Member, Alabama Defense Lawyers Association
• Member, Associated General Contractors (Mobile, Alabama Chapter)
• Member, Committees on Products Liability, Insurance Law and Workers’ Compensation, Defense Research Institute
• Member, Committees on Products Liability, Workers’ Compensation & Employers Liability Law, Forum on Construction, American Bar Association
• Member, Mobile County Bar Association
• President, School Board, St. Ignatius Catholic School (2008-09)
• Vice President, Municipal Park Baseball Inc., (2009-2012)
• Member, McGill-Toolen High School Stadium Board (2014)
• Youth Sports Coach, YMCA, Municipal Park Baseball, Catholic Youth Organization (1998-2013)

Speaker, Liens and Alabama Prompt Payment Act (Alabama Chapter, American Subcontractors Association, September 2007)

Speaker, Workers Compensation Update, Johnstone Adams Annual Employment Law Seminar, 2012, 2013

Publications

Liability of the Design Professional, RCCI Perspectives , Winter 2003

Speaker, Liens and Alabama Prompt Payment Act (Alabama Chapter, American Subcontractors Association, September 2007)

Speaker, Workers Compensation Update, Johnstone Adams Annual Employment Law Seminar, 2012, 2013