Tried to verdict case on behalf of an Alabama independent diagnostic facility against a national medical equipment manufacturer and seller. The jury found in favor of client on all claims, including fraud, breach of contract, and entitlement to punitive damages against manufacturer. The jury also found against the equipment manufacturer on its counterclaim for breach of contract.
Trial win for commercial lender against borrower/guarantor, including court-ordered entry of judgment for receivership.
Tried to verdict case on behalf of an Alabama aircraft modification and maintenance provider against an aircraft finance company. The jury trial resulted in a multimillion-dollar jury verdict in favor of client and a defense verdict as to all claims asserted by the aircraft finance company.
Tried to verdict case on behalf of manufactured home defendant involving various state consumer, contractual and real property lien right claims.
Obtained zero-payment dismissal of FCRA case against consumer lender.
Obtained zero-payment dismissal of commercial fraud/RICO case against a Berkshire Hathaway company.
Obtained summary judgment in commercial fraud case against a Berkshire Hathaway company and its CEO.
Obtained zero-payment dismissal of contract and tort claims against Berkshire Hathaway and certain subsidiary companies.
Obtained zero-payment dismissal of purported class action alleging class-wide violations of certain statutory real property lien rights.
Obtained zero-payment dismissal on behalf of consumer mortgage lender in class action under FDCPA.
Successfully completed commercial foreclosure and judgment collection actions on behalf of a private equity group across multiple jurisdictions in the Southeast.
Obtained summary judgment of claims against storage company in alleged property theft action.
Obtained favorable judgments and settlements for hotel business clients seeking to enforce liquidated damages clauses.
Successfully represented various clients in construction-related disputes involving contractual and real property lien rights.
Successfully defended private equity group against class action under the WARN Act.
Successfully represented event production company in connection with coverage dispute with its liability carrier arising from catastrophic injury event.
Successfully represented company in alleged reimbursement suit by liability insurers arising out of a settlement of a wrongful death action.
Successfully represented energy company against five liability insurers for failure to defend and indemnify arising out of catastrophic personal injury suit.
Obtained zero-payment dismissal of patent infringement claims on behalf of manufactured home company.
Obtained zero-payment dismissal of patent infringement claims on behalf of an engineering and environmental firm.
Successfully defended medical device manufacturer in alleged patent infringement action.
Obtained dismissals with prejudice of mass tort and multi-defendant actions filed in Alabama judicial “hellhole” against overhead crane manufacturer; cases resolved against manufacturer for less than 1 percent of overall settlement value.
Obtained zero-payment dismissal of event production company in traumatic brain injury matter.
Obtained summary judgment in state court personal injury/premises liability case involving independent contractor.
Obtained zero-payment dismissal of product manufacturer in alleged valve defect case.
Obtained zero-payment dismissal of claims in defense of medical device manufacturer.
In several unrelated actions, obtained zero-payment dismissal of claims against national moving and storage company in alleged negligent and wanton maintenance action.
Successfully defended manufactured home defendant in multi-plaintiff wrongful death and personal injury actions arising out of employee's collision with decedent and allegedly injured plaintiffs.
Successfully defended vending machine product manufacturer in Tennessee federal court in alleged vending machine electrocution case.
Successfully defended oil and petroleum company in alleged wrongful death and personal injury suit arising out of an offshore accident.
Successfully defended vacuum cleaner manufacturer in alleged negligent and wanton entrustment action.
Successfully defended drug manufacturer in cases involving weight loss medications.
Successfully represented manufactured home defendant in mass tort actions in Alabama, Florida, Georgia, Louisiana, Texas and West Virginia, where individual and class plaintiffs alleged various common law and statutory claims arising from purportedly defective homes.
Central Alabama Diagnostics, LLC v. Toshiba America Medical Systems, Inc., 2018 WL 828522 (Feb. 12, 2018)
Motion denied for summary judgment on breach of contract and fraudulent suppression claims against diagnostic medical equipment manufacturer and in favor of client.
Dewaine Quick, et al., v. EduCap, Inc., et al., 318 F.Supp. 3d 121 (D.D.C. July 12, 2018)
Obtained dismissal with prejudice of nationwide class action involving student loans and asserting causes of action against client lender HSBC, HSBC’s third-party servicer and that servicer’s counsel under federal RICO, as well as other federal and state law claims. The court held that (1) the Rooker-Feldman doctrine divested the district court of subject-matter jurisdiction; (2) the doctrine of res judicata precluded plaintiffs’ claims; and (3) that plaintiffs lacked Article III standing to allege claims against HSBC.
Hewitt v. 21st Mortgage Corp., No. 2:16-cv-05719 (D.N.J. Aug. 15, 2017)
Obtained dismissal of a state-wide class action contending that the defendant mortgage lender and servicer had violated the FDCPA by failing to include the total amount of the borrowers’ debt in the first communication after obtaining servicing rights.
Goodner v. Clayton Homes, Inc., 2013 WL 5194113 (8th Cir. Sept. 16, 2013)
Vacating district court's Class Action Fairness Act (CAFA) remand order.
CMH Homes, Inc. v. Goodner, F. 3d, 2013 WL 4749906 (8th Cir. Sept. 5, 2013)
Vacating district court's order dismissing petition to compel arbitration for lack of subject matter jurisdiction.
Carroll v. CMH Homes, Inc., 2013 WL 2431432 (June 4, 2013, E.D. TN)
Granting motion for summary judgment on commercial fraud claims on statute of limitations grounds.
Carroll v. CMH Homes, Inc., 2013 WL 960408 (March 12, 2013, S.D. IN)
Enforcing forum selection clause and granting motion to dismiss for improper venue under Rule 12(b)(3).
Vanderbilt Mortgage and Finance, Inc. v. Flores, F.3d, 2012 WL 3600853 (5th Cir. Aug. 23, 2012)
Reversing jury verdict for borrowers on RICO/fraud/statutory claims, rendering judgment for lender, and holding that release of liens on land collateral did not release the debt owed by borrowers for a manufactured home.
Lemus v. CMH Homes, Inc., 2011 WL 2709035 (S.D. Tex. July 12, 2011)
Granting defendants' motion to compel arbitration, staying action pending arbitration proceedings, and deciding a variety of issues, including binding a non-signatory plaintiff to an arbitration agreement, waiver, missing arbitration agreement, and ratification.
Hafer v. Vanderbilt Mortgage and Finance, Inc., 793 F.Supp.2d 987 (S.D. Tex. June 24, 2011)
Granting defendants' motion to compel arbitration as to individual claims of named plaintiffs in purported class action and staying action pending arbitration proceedings.
In re FEMA Trailer Formaldehyde Products Liability Litigation, 570 F. Supp. 2d 851 (E.D.La. 2008)
Granting motion to dismiss six defendants from purported class action in multidistrict litigation (MDL) proceeding based on plaintiffs' lack of Article III standing against those defendants.