Richard H. Monk III

Partner
Legal Assistant
Carla Batchelor
P: 205.521.8214 cbatchelor@bradley.com
Representative Experience
  • Policyholder Insurance Coverage Matters
    • Represented transportation company in litigation against excess liability insurer that denied coverage claiming primary policy was not exhausted.

      Represented contractor in litigation against insurer that denied payments covered by a Builders Risk Policy and related project certificate for water damage from rain during construction to large solar project.

      Represented hospital asserting claims under a cyber insurance policy for lost profits, direct damages and liability from third-party claim resulting from ransomware attack.

      Represented nonprofit hospital system pursuing claims under breach response policy for lost profits and direct damages suffered in ransomware attack.

      Represented nonprofit hospital system asserting claims under commercial property policy for lost profits and property damage resulting from a Winter Storm Uri.

      Represented manufacturing and design entity in pursuing litigated claim to obtain insurance coverage from its professional liability insurer.

      Defended sewer contractor in declaratory judgment action brought by insurer seeking to disclaim coverage pursuant to bacteria exclusion in commercial general liability policy.

      Represented security contractor to fight insurer’s efforts to avoid coverage under employee theft policy for losses resulting from acts of employee dishonesty.

      Coordinated and monitored insured litigation across multiple states for a plumbing supply distributor.

  • Commercial Litigation
    • Defended several cases alleging below-market pricing of motor fuels and resulting violations of the Alabama Motor Fuel Marketing Act.

      Represented automobile dealer pursuing claims under the Alabama Motor Vehicle Franchise Act against manufacturer, which placed an additional dealer in client’s market area.

      Defended a truck manufacturer in litigation brought by an automobile dealer pursuant to the Alabama Motor Vehicle Franchise Act and various tort theories.

      Defended claims of “price gouging” of commodity product in the wake of natural disasters and also provided proactive advice on compliance with the Alabama Unconscionable Pricing Act and similar legislation in other states.

      Defended automotive parts company in commercial dispute regarding quality of products purchased from supplier and prosecuted related counterclaims.

      Defended warranty and contract claims brought by boat manufacturer against its supplier alleging defects in the vinyl installed in approximately 50 luxury boats.

      Represented textile manufacturer asserting antitrust claims arising out of customer allocation and price fixing in the polyester staple fiber industry.

      Pre-litigation defense of warranty and contract claims asserted against manufacturer of transmission structures and brought by major electric utility company.

      Defended pre-litigation claims against supply company and its employees alleging breach of non-competition agreements and theft of trade secrets.

      Represented manufacturer in case against former employee to enforce non-solicitation and non-competition contract provisions.

      Defended, coordinated and monitored all claims and litigation in a multi-state region for a plumbing supply distributor serving as primary contact with insurers and defense counsel. 

  • Products Liability & Personal Injury
    • Part of a team defending product liability claims in a 20-state region on behalf of a tire manufacturer for which the firm served as regional counsel. These matters often involved serious personal injuries and wrongful death claims.

      Defended and obtained summary judgment for a consumer products company in a products liability case in which a rope broke and injured plaintiff, resulting in loss of plaintiff’s eye.

      Defended wrongful death claim against electrical engineering company arising from an industrial electrocution accident.

      Defended premises owner from personal injury claims brought by contractor who was injured and burned on its premises.

  • Toxic Tort
    • Represented petroleum refiner in a wide range of matters for more than 25 years, including defense of toxic tort claims in numerous difficult jurisdictions. Experience has included defending allegations that plaintiffs contracted various leukemias by exposure to benzene in industrial solvents in which the client’s product was an ingredient.

      Defended manufacturer of metal working fluids against toxic tort claims brought by approximately 275 plaintiffs in Alabama state court. Plaintiffs claimed they were exposed to chemicals used or “off-gassed” in the manufacturing process and alleged a broad array of personal injuries. 

      Part of a team defending hundreds of lawsuits and pre-litigation claims alleging damages resulting from the use of EIFS as an exterior wall structure, including personal injury claims allegedly resulting from water intrusion and resulting exposure to “toxic mold.”

  • Multidistrict or Multiparty Litigation
    • Defended product liability cases across a 13-state region for a tire manufacturer for which Bradley served as regional counsel.

      Defended manufacturer of exterior wall components in several hundred simultaneously pending products liability and fraud cases.

      Defended chemical manufacturer from claims by more than 275 plaintiffs alleging injuries resulting from exposure to client’s product in their workplace.

      Coordinated and monitored litigation across multiple states for a plumbing supply distributor.