Stewart M. Cox

Partner

Birmingham P: 205.521.8276 F: 205.488.6276

Stewart has handled litigation and arbitration matters in multiple jurisdictions. He recently concluded a complex swap agreement case in the Lehman Brothers bankruptcy proceeding in the Southern District of New York. Clients call on him to handle disputes in venues where a jury trial is anticipated. His most recent jury trial occurred in January 2020 in a consumer mortgage case.

Representative Experience

- Beneficial National Bank v. Anderson 539 U.S. 1 (2003)
  Complete pre-emption under the National Bank Act is recognized in usury action where plaintiff contested removal from state to federal court.
  
  In Re: Lehman Brothers Holdings, Inc., et al. (U.S. Bankruptcy Court, S.D. New York; Ch. 11 case no. 08- 13555)
  Bradley represents the counter-party in a dispute over whether a total return swap arrangement was improperly terminated upon the redemption of outstanding bonds totaling $76,000,000. The dispute with Lehman Brother Special Financing is pending in the bankruptcy case of Lehman Brothers Holdings.
  
  The Citizens Bank v. Troy Bank & Trust Company, et al.; Circuit Court of Coffee County, Alabama; case no. CV-2008-195.
  Two banks litigated responsibility for $8,000,000 loss resulting from check kiting scheme. Case pitted UCC final payment rule against competing tort theories. Case settled following submission of summary judgment motion.
  
  Federal Reserve Bank of Atlanta v. Thomas, 220 F 2d 1235 (11th Cir. 2000)
  Case of first impression under Federal Reserve Act involving reach of federal court jurisdiction over civil actions that include a Federal Reserve Bank as a party. Amicus brief filed also by Federal Reserve Bank of New York.
  
  Industrial Chemical & Fiberglass Corp. v. North River Ins. Co. 908 F. 2d 825 (11th Cir. 1990)
  Court resolves additional insured status under vendors endorsement and approves use of loan receipt agreement to secure indemnity for liability on wrongful death judgment.
  
  Mercedes-Benz U.S. International, Inc. v. Cobasys, LLC, 605 F.Supp.2d 1189 (N.D. Ala. 2009)
  Denial of preliminary injunction filed by vehicle manufacturer against supplier of hybrid battery technology.
  
  SouthTrust Bank v. Webb-Stiles Co. 931 So. 2d 706, 58 UCC Rep. Serv. 2d 60 (Ala. 2005)
  Court sets aside injunction prohibiting Bank`s payment of international standby letter of credit.
  
  SouthTrust Bank v. Williams 775 So.2d 184 (Ala. 2000)
  Court upheld Bank`s right to compel arbitration in this class action challenging overdraft fee practices.
  
  Spancom Services, Inc. v. SouthTrust Bank 744 So. 2d 931 (Ala. Civ. App. 1999)
  Case of first impression in Alabama resolving that checks with missing endorsements fall within scope of UCC 4-406(f) statute of repose.

Area(s) of Focus

University of Alabama School of Law, J.D., 1987, Alabama Law Review, Articles Editor
Vanderbilt University, B.A., 1984

Alabama

Supreme Court of Alabama
United States District Court, Northern District of Alabama
United States District Court, Middle District of Alabama
United States District Court, Southern District of Alabama

American Bar Association

Alabama Defense Lawyers Association

Birmingham Bar Association

Accolades

Rated By Super Lawyers Logo

Listed in The Best Lawyers in America® Commercial Litigation, 2012-2025 Listed in Mid-South Super Lawyers, Business Litigation, 2016-2017 Listed in Alabama Super Lawyers, Business Litigation, 2012–2015 Beneficial National Bank v. Anderson 539 U.S. 1 (2003) Complete pre-emption under the National Bank Act is recognized in usury action where plaintiff contested removal from state to federal court. In Re: Lehman Brothers Holdings, Inc., et al. (U.S. Bankruptcy Court, S.D. New York; Ch. 11 case no. 08- 13555) Bradley represents the counter-party in a dispute over whether a total return swap arrangement was improperly terminated upon the redemption of outstanding bonds totaling $76,000,000. The dispute with Lehman Brother Special Financing is pending in the bankruptcy case of Lehman Brothers Holdings. The Citizens Bank v. Troy Bank & Trust Company, et al.; Circuit Court of Coffee County, Alabama; case no. CV-2008-195. Two banks litigated responsibility for $8,000,000 loss resulting from check kiting scheme. Case pitted UCC final payment rule against competing tort theories. Case settled following submission of summary judgment motion. Federal Reserve Bank of Atlanta v. Thomas, 220 F 2d 1235 (11th Cir. 2000) Case of first impression under Federal Reserve Act involving reach of federal court jurisdiction over civil actions that include a Federal Reserve Bank as a party. Amicus brief filed also by Federal Reserve Bank of New York. Industrial Chemical & Fiberglass Corp. v. North River Ins. Co. 908 F. 2d 825 (11th Cir. 1990) Court resolves additional insured status under vendors endorsement and approves use of loan receipt agreement to secure indemnity for liability on wrongful death judgment. Mercedes-Benz U.S. International, Inc. v. Cobasys, LLC, 605 F.Supp.2d 1189 (N.D. Ala. 2009) Denial of preliminary injunction filed by vehicle manufacturer against supplier of hybrid battery technology. SouthTrust Bank v. Webb-Stiles Co. 931 So. 2d 706, 58 UCC Rep. Serv. 2d 60 (Ala. 2005) Court sets aside injunction prohibiting Bank`s payment of international standby letter of credit. SouthTrust Bank v. Williams 775 So.2d 184 (Ala. 2000) Court upheld Bank`s right to compel arbitration in this class action challenging overdraft fee practices. Spancom Services, Inc. v. SouthTrust Bank 744 So. 2d 931 (Ala. Civ. App. 1999) Case of first impression in Alabama resolving that checks with missing endorsements fall within scope of UCC 4-406(f) statute of repose.