Michael D. McKibben

Listed in Mid-South Super Lawyers, Business Litigation, 2016-2021 Listed in Alabama Super Lawyers Business Litigation, 2009-2015 Personal Injury Defense Medical Malpractice Listed in Benchmark Litigation "Local Litigation Star," Alabama, 2008-2021 Listed in The Best Lawyers in America® Commercial Litigation, 2007-2020 Medical Malpractice Law – Defendants, 2008-2020 Personal Injury Litigation – Defendants, 2010-2020 Professional Malpractice Law – Defendants, 2010-2020 Listed in Chambers USA Litigation: General Commercial, 2005-2010 Dismissal of medical malpractice claims Obtained numerous dismissals of professional malpractice claims against physicians, surgeons, and nurses in a wide variety of circumstances, running the gamut of medical specialties. Led a team that recently won Supreme Court affirmance of a summary judgment granted to local doctors in claims arising out of the birth of a child with a catastrophic spinal bleed. Commercial fraud and contract claims regarding dialysis clinic Served as lead trial counsel in a major matter, ultimately resolved via a unique, “outside the box” agreement at trial, in defense of contract, fraud, and related claims that a dialysis services company breached an alleged development contract for development and construction of a new clinic. Dismissal of professional malpractice claims Obtained dismissal of professional malpractice claims against local surgeon who allegedly failed to consider less intrusive options for treatment. Online travel company hotel occupancy tax litigation Defense of a number of cases and claims filed in various states that seek to hold web-based travel companies responsible for certain lodging taxes. While hotels pay taxes on what is paid to them, the cases generally allege that these online travel companies violate state and local tax codes by failing to collect and remit additional occupancy taxes on the margin and service fees that are paid to and retained by the online travel companies for their services. National coordinating counsel in antitrust and business tort litigation Represented Intel as national coordinating counsel in antitrust and business tort litigation brought by Intergraph Corporation; team achieved summary judgment on antitrust claims and matter dismissed as part of global settlement reached in conjunction with separate Texas litigation. Rutherford v. University of Alabama Health Services Foundation, et al. In this medical negligence suit, plaintiff alleged breach of the standards of care related to (a) the use of chemotherapy for a prostate cancer patient, (b) the administration of certain drugs prescribed in connection with the chemo, and (c) the diagnosis and treatment of an infection that ultimately led to the demise of the patient. After a week-long trial, a Birmingham jury returned a verdict in favor of clients on March 11, 2011. Seven-figure settlement against major healthcare software provider Won a seven-figure settlement for a regional hospital system against a Fortune 500 software provider that failed to deliver a functional product for point-of-care data entry and billing processing. Directed efforts to obtain a settlement on behalf of a national healthcare provider against an IS implementation company that blew its budget without completion of its tasks. National occupational tax litigation Represent priceline.com in defense of numerous occupational tax cases and audits across the country. Argued summary judgment in one state-wide action as lead counsel for the OTC joint defense group. Began trial in New Hampshire as lead counsel for priceline.com and the OTC group. Prepared priceline.com’s witnesses for other depositions and trials, conducted discovery, overseen damages expert development, and mediated numerous matters across the country.