Marc James Ayers

Listed in Chambers USA, Litigation: Appellate, 2024  Listed in The Best Lawyers in America® Appellate Practice, 2013-2024 Listed in Mid-South Super Lawyers Appellate, 2016-2023 "Top 50," Birmingham, 2019 Listed in Alabama Super Lawyers Appellate, 2014-2015 "Rising Star" in Appellate, 2011  General Litigation, 2011 Board Certified in Appellate Practice, Florida Bar Board of Legal Specialization and Education Alabama State Bar Leadership Forum, Alumnus, 2011 Listed in Birmingham Magazine “Top Attorneys,” Appellate American Academy of Appellate Lawyers, Fellow, 2023 Brett Robinson Gulf Corp. v. Phoenix on the Bay II Owners Association, Inc., 2021 WL 2677854 (Ala. 2021) Obtained reversal of judgment relating to question of first impression under the Alabama Uniform Condominium Act concerning the creation of units; case received substantial media attention. Sinclair Wyoming Refining Co. v. Infrassure, Ltd., 486 P.3d 990 (Wyo. 2021) In case of first impression with substantial media attention, Wyoming Supreme Court answered certified question from the 10th Circuit and unanimously adopted our arguments concerning the interpretation of a crucial provision of the Wyoming Insurance Code.  D2 Excavating, Inc. v. Thompson Thrift Construction, Inc., 973 F.3d 430 (5th Cir. 2020) Obtained unanimous reversal of award of over $250,000 in breach of contract damages – plus several hundreds of thousands in additional interest and fees on that amount – for alleged “excess” excavation under Texas law. Sinclair Wyoming Refining Co. v. Infrassure, Ltd., 970 F.3d 1317 (10th Cir. 2020) Obtained unanimous affirmance of $4.5 million appraisal award from insurance dispute stemming from an explosion and fire at Sinclair’s refinery.  Kelly v. Green Tree Servicing, LLC, 300 So. 3d 244 (Fla. 4th DCA 2020) Obtained unanimous affirmance in a case of first impression concerning statute setting priority of tax liens in Florida. Porter v. Williamson, 314 So. 3d 207 (Ala. 2020) Obtained unanimous reversal of $2.5 million judgment against Porter Capital in action brought by a former corporate officer to force, under a specific performance theory, Porter Capital to purchase the officer’s shares under a shareholder agreement. Nationstar Mortgage, LLC v. Glass, 2019 WL 98152 (Fla. 2019), opinion withdrawn and superseded, 268 So. 3d 676 (Fla. 2019) In an appeal of first impression with major media coverage, obtained unprecedented reversal of earlier Florida Supreme Court decision – and therefore maintained earlier major victory in the Florida Fourth District Court of Appeal – concerning right to attorneys’ fees in Florida contract cases, even though original panel had attempted to foreclose right to seek rehearing. Jenkins v. Elam, 291 So. 3d 1145 (Ala. 2018) Obtained reversal on post-judgment review of $700,000 judgment on in a contract/tort dispute stemming from a coal mining venture, and affirmance on appeal. In re Blue Creek Properties, LLC, No. 13-18-00308-CV, 2018 WL 3583645 (Tex. App-Corpus Christi, July 26, 2018) Successfully defended order compelling deposition from mandamus challenge on “apex doctrine” grounds brought by a former Texas appellate judge who was also named the “Lawyer of the Year” in appellate law in Texas. Bondi v. Nationstar Mortg. LLC, 752 Fed. Appx. 431 (9th Cir. 2018) Obtained affirmance (with opinion) of judgment in Fair Credit Reporting Act challenge following full briefing and oral argument. Slamen v. Slamen, 254 So. 3d 172 (Ala. Sept. 22, 2017) Won unanimous reversal of preliminary injunction binding partnership from distributing certain funds during litigation. Till v. The Lincoln Nat’l Life Ins. Co., 678 F. App’x 805 (11th Cir. 2017) Obtained affirmance of summary judgment entered by the district court on plaintiff’s ERISA claims for long-term disability benefits; court adopted our arguments on several noteworthy points, including questions of first impression. Nationstar Mortgage LLC v. Goeke, 151 A.D. 3d 1237, 57 N.Y.S.3d 223 (N.Y. App. Div. 2017) Won reversal of judgment dismissing foreclosure action, overcoming string of unfavorable precedent from other jurisdictions concerning the meaning of “borrower” in reverse mortgage cases. This was a question of first impression in the New York appellate courts and is a substantial victory for financial services entities. Larkin v. Larkin, 207 So. 3d 1026 (Fla. 5th DCA 2017) Obtained reversal of denial of attorney fee award under contractual “prevailing party” fee provision. Crestview Hospital Corp. v. Coastal Anesthesia, 203 So. 3d 978 (Fla. 1st DCA 2016) Obtained reversal of over $2 million judgment (including punitive damages) against hospital in defamation action concerning meaning of “express malice” and qualified privilege. African Methodist Episcopal Church, Inc. v. Smith, 217 So. 3d 816 (Ala. 2016) In consolidated appeals involving questions of first impression, obtained reversal of two orders denying arbitration. Brookwood Health Servs., Inc. v. State Health Planning & Dev. Agency, 202 So. 3d 2016 (Ala. Civ. App. 2016) (question involving challenge to interpretation of certificate of need statutes concerning relocation of radiation-oncology services). Meachum v. Bank of New York Mellon Trust Co., 636 F. App'x 210 (5th Cir. 2016) (question concerning whether and under what circumstances a lender could abandon a prior acceleration of a debt under Texas law).  HealthSouth of Alabama, LLC v. Shelby Ridge Acquisition Corp., 207 So. 3d 39 (Ala. 2016) (obtained reversal of trial court and intermediate appellate court decision concerning state agency’s approval of a Certificate of Need to construct inpatient rehabilitation hospital). U.S. Bank National Association, as trustee for Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2004-4 v. Shepherd, 202 So. 3d 302 (Ala. 2015) (obtained full reversal and judgment in client’s favor of $3.92 million judgment (including almost $3 million in punitive damages) stemming from claims of trespass and wantonness). City of Pike Road v. City of Montgomery & Dow Corning Alabama, Inc., 202 So. 3d 644 (Ala. 2015) (statutory construction question concerning police jurisdiction lines and the right to collect taxes in the disputed areas).  Ocwen Loan Servicing v. Delvar, 180 So. 3d 1190 (Fla. 4th DCA 2015) (obtained full reversal, question whether oral loan modification could be supported through a promissory estoppel theory). Cavero v. One West Bank FSB, 617 F. App'x 928 (11th Cir. 2015) (question whether the Rooker–Feldman doctrine barred the claims asserted by a mortgagor under numerous federal statutes). Alabama Dep’t of Revenue v. Am. Equity Inv. Life Ins. Co., 169 So. 3d 1069 (Ala. Civ. App. 2015) (obtained full affirmance of judgment reversing large business privilege tax assessments). Gorel v. Bank of New York Mellon, 165 So. 3d 44 (Fla. 5th DCA 2015) (in question of first impression, the Florida appellate court adopted our argument concerning compliance with mortgage timing requirements concerning default letter). Schaeffer v. Poellnitz, 154 So. 3d 979 (Ala. 2014) (obtained reversal of large compensatory and punitive damages award on claims involving an alleged mismanagement of a trust; judgment rendered in client’s favor). Van Duzer v. U.S. Bank Nat. Ass’n, 582 F. App’x 279 (5th Cir. 2014) (questions concerning various challenges to foreclosure action under Texas law).  Scheider v. Deutsche Bank Nat’l Trust Co., 572 F. App’x 185 (4th Cir. 2014) (question under South Carolina law concerning the right to enforce a note and mortgage). Troy Bank & Trust Co. v. The Citizens Bank, 166 So. 3d 57 (Ala. 2014) (well-publicized victory involving question of national first impression concerning the applicability of the UCC’s check encoding warranty; obtained reversal of trial court judgment). Foley Hospital Corp. v. Gulf Health Hospitals, Inc., 157 So. 3d 925 (Ala. Civ. App. 2014) (obtained reversal of trial court’s ruling that client’s Certificate of Need to expand its cardiac catheterization services was invalid). Ex parte STV One Nineteen Senior Living, LLC, 161 So. 3d 196 (Ala. 2014) and Daniel Senior Living of Inverness I, LLC v. STV One Nineteen Senior Living, LLC, 161 So. 3d 187 (Ala. Civ. App. 2011) (in question of first impression, obtained full reversal of the state agency’s grant of an “Emergency Certificate of Need” to a senior living facility (and of trial court’s approval of that CON)).  Ex parte GMAC Mortgage, LLC, 176 So. 3d 845 (Ala. 2013) (obtained full reversal of intermediate appellate court ruling concerning jurisdictional requirements of eviction actions). Deutsche Bank Trust Co. America v. Ochoa, 120 So. 3d 735 (La. App. 5th Cir. 2013) (question whether action to enforce a promissory note and mortgage was an “executory proceeding” in which the mortgagor was precluded from asserting certain demands for damages, whether successor was entitled to enforce the promissory note and mortgage). Bates v. Cohn, 417 Md. 309, 9 A.3d 846 (2010) (questions of first impression concerning Maryland law directing when a party must bring exceptions to a foreclosure sale). SmithKlineBeecham Corp. v. Alabama, 41 So. 3d 15 (Ala. 2009) (obtained full reversal of $81 million judgment involving question whether a pharmaceutical company defrauded state Medicaid system; Court rendered judgment in client’s favor).