Michel Keck v. Alibaba.com, Inc., Case No. 17-cv-5672-BLF, U.S. District Court for the Northern District of California
Representing plaintiff on behalf of a class of visual copyright holders (e.g., artists) against Alibaba companies for contributory and vicarious copyright infringement. Alibaba is a Chinese company that operates a number of e-commerce web platforms similar to Amazon. The Alibaba IPO was the largest in history, and it is one of the top 10 most valuable companies in the world. Hundreds of thousands of counterfeit products, including artwork, are sold over the Alibaba platforms. The case involves counterfeit goods originating in China, which touches on significant U.S. trade issues and addresses whether companies like Alibaba can hide behind the Digital Millennium Copyright Act’s safe harbor while knowingly providing platforms for and facilitating the sale of counterfeit goods. The case addresses the use of class action litigation to enforce copyrights, and class-wide damages claims could total hundreds of millions, if not billions, of dollars.
Breach of anti-piracy and confidentiality covenants
Represented Cobbs, Allen & Hall, Inc. (CAH) as lead counsel in an action brought by CAH against four former employees for breach of anti-piracy and confidentiality covenants. CAH’s lawsuit also asserted claims against the former employees’ new employer for intentional interference with contractual relations. The trial court entered a $1 million sanctions award in favor of CAH as a result of discovery abuses committed by the defendants. Our team discovered that defendants were engaged in a scheme to conceal documents from production by placing spaces between letters of words in emails so the documents would not be found using electronic word searches. After years of contentious litigation, which included millions of pages of paper discovery and more than 40 depositions, the parties reached a settlement on the day the tortious inference trial was to begin.
HealthSouth v. former CEO, and outside advisors
In October 2008, HealthSouth reached a settlement against its former investment bank, through which HealthSouth received $100 million in cash, in addition to the release of counterclaims and a $33 million judgment. The company’s claims against its former CEO, Richard Scrushy, were tried for two weeks in May 2009, after which the trial judge issued an opinion awarding the company over $2.8 billion in damages.
In re HealthSouth Corp. Securities Litigation, 572 F.3d 854 (11th Cir. 2009).
In this case of first impression under the Private Securities Litigation Reform Act, the Eleventh Circuit barred former CEO Richard Scrushy’s claims for indemnification and advancement of his attorney’s fees as part of a $445 million securities class action settlement. Mr. Smith successfully briefed and argued this case before the Eleventh Circuit.
State of Alabama Interstate Water Litigation
Serves as lead counsel to the State of Alabama in its long-running interstate water dispute with Georgia, Florida, and the U.S. Army Corps of Engineers. In July 2009, a federal district court in Florida ruled in favor of Alabama on a critically important issue: the court determined that the operations of the Corps at a major federal reservoir to facilitate Atlanta-area water supply over the last four decades are illegal. This ruling will ensure that more water will flow downstream to Alabama in the Chattahoochee River, which is vital to Alabama’s economic development. The ruling is also likely to force the Atlanta area to spend hundreds of millions of dollars on water supply infrastructure.
Anniston PCB Litigation
Represents Pharmacia Corporation and Monsanto Company in connection with thousands of individual personal injury claims related to alleged exposure to polychlorinated biphenyls (PCBs) in Anniston, Ala. For the first case, five individual plaintiffs were randomly selected from among 3,000. The firm handled virtually all of the pretrial motions, which resulted in eliminating a number of the claims originally asserted. The firm also had significant trial responsibility, including all significant expert witnesses called by the plaintiff as well as most of the expert witnesses called by the defendant. The result was a defense verdict on all counts with respect to all plaintiffs. There are approximately 3,000 more cases pending.
Bank of New York Mellon v. Jefferson County, (N.D. Ala. 2009)
Briefed and argued the case for Jefferson County, Alabama, in the United States District Court for the Northern District of Alabama. Plaintiffs, holders and insurers of municipal warrants issued to fund the construction and improvement of the County’s sewer system, sued in federal court alleging that the County had defaulted on its bond-payment obligations. As relief, the plaintiffs requested that the court appoint a receiver to administer the sewer system. After extensive briefing and oral argument, the court agreed with the County that the federal Johnson Act, 28 U.S.C. 1342, and principles of abstention precluded the appointment of a receiver of the sewer system’s operations.
Federal Materials Co.
In this "bet the company" litigation, we represented a quarry owner in approximately 350 lawsuits and as to another 150 claimants, in which the plaintiff residential and commercial building owners sought $55 million in damages. The plaintiffs argued the concrete was failing due to alkali-carbonate reactivity (ACR) caused by our client's quarry rock. In three years of hard fought litigation, we defeated class action certification and crafted a defense strategy that challenged both the legal bases and factual premises of the plaintiffs' claims, leading to a settlement for a fraction of the claimed damages. Concurrently, we worked with the client's carriers to obtain coverage for most of the client's settlement contribution share, then utilized a class action for settlement purposes only and resolved all asserted and unasserted claims related to ACR, except for a few claimants who opted out of the settlement.
United States v. W.R. Grace, et al., (D. Mont. 2009)
Represented former President of the Construction Products Division of W. R. Grace who, with seven other defendants, was indicted with conspiracy to defraud the United States and violate the Clean Air Act. After we filed our Motion for Judgment of Acquittal, the prosecution concluded that there was insufficient evidence against the client for the case to go to the jury. On the government’s motion, a dismissal of the indictment with prejudice was granted.
Federal Materials Co. - ACR Litigation (Circuit Courts for Lyon and Caldwell Counties, Ky. 2009)
In this "bet the company" litigation, we represented a quarry owner in approximately 350 lawsuits and as to another 150 claimants, in which the plaintiff residential and commercial building owners sought $55 million in damages. The plaintiffs argued the concrete was failing due to alkali-carbonate reactivity (ACR) caused by our client's quarry rock. In three years of hard fought litigation, we defeated class action certification and crafted a defense strategy that challenged both the legal bases and factual premises of the plaintiffs' claims, leading to a settlement for a fraction of the claimed damages. Concurrently, we worked with the client's carriers to obtain coverage for most of the client's settlement contribution share, then utilized a class action for settlement purposes only and resolved all asserted and unasserted claims related to ACR, except for a few claimants who opted out of the settlement.
Costa, et al. v. Louisiana-Pacific Corporation, et al. pending in Middlesex County, Massachusetts
Trial of a building products manufacturer in a product liability and negligence case arising out of a construction site accident injuring three brick masons in Massachusetts. The firm’s client received a defense verdict, but two of the other defendants were found liable in the amount of $3,241,000.
The Village of Garden City v. Genesco Inc., USDC Eastern District of New York, No. 07-cv-5244
We are defending a large publicly traded company in multi-million dollar (sued for in excess of $70 million) environmental litigation against a New York water district in a lawsuit involving a superfund site with claims raised pursuant to the Comprehensive Response, Compensation, and Liability Act of 1980 (“CERCLA”), Resource Conservation and Recovery Act (“RCRA”), and Safe Drinking Water Act (“SDWA”), as well as state law.
Accord Indus., Inc. v. Valmont Newmark, Inc., Case No. 8:10-cv-01647-JSM-TGW (M.D. Fla) 2010
Represent counterclaim plaintiff-patentee in this infringement litigation involving design of reinforced concrete construction materials.
ClassroomDirect, LLC v. Re-print Draphix, LLC
Represented plaintiff and obtained jury verdict of infringement following nearly two-week trial in this trademark infringement case.
Ed Tobergte Assoc. v. Russell Brands, LLC, Case No. 2:08-cv-02290-JWL-GLR (D. Kan.) 2008
Defended sporting goods manufacturer in this patent infringement case.
Faught v. American Home Shield, Corp., 668 F.3d 1233 (11th Cir. 2011).
Bradley Arant represented American Home Shield in this nationwide class action challenging home warranties. The parties reached a global class action settlement, which the district court approved. On appeal, Mr. Smith wrote the brief on the merits with John Goodman, assisted by lawyers at Sidley Austin. The Eleventh Circuit upheld the settlement as fair and reasonable.
Intel Corp. v. Intergraph Corp., Case No. CV 97-N-3023-NE (N.D. Ala.) 1997
Represented Intel with respect to allegation of infringement of multiple patents involving microprocessor cache memory architecture and operations.
Marketron, Inc. v. OneDomain, Inc.
Represented defendants and obtained summary judgment for the client in this computer-software case on a twenty-two count complaint alleging trade secret misappropriation, violations of confidentiality and non-compete agreements, and various state-law tort claims. The court also awarded our clients their attorneys’ fees. The case then settled on the eve of the trial of our clients’ counterclaims against the original plaintiff.
McNaughton v. Pure Fishing, Inc., Case No. 2:10-cv-0932-SLB (N.D. Ala.) 2010
Obtained favorable settlement for client sporting goods manufacturer in patent infringement litigation, prior to discovery, based on strength of invalidity defense developed after litigation was filed.
Mediator in Intellectual Property Cases
Have been retained by colleagues from other firms in Birmingham to mediate several patent and copyright infringement suits.
Online Travel Company Hotel Occupancy Tax Litigation
Bradley is working with another major national firm in 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.
Plastic Research and Development Corp. v. Nichols, 3-01CV0735-R (N.D. Tex.) 2001
Defended manufacturer of outdoor products in this patent infringement case.
Protective Life Ins. Co. v. Coss Development Corp.
Selected by the parties and the Court to serve as a Special Master in this complex copyright infringement case involving computer software. Issued an extensive recommendation and report on summary judgment and related motions, which was adopted by the Court.
Reglan/Metoclopramide Litigation for Pfizer Inc. (National Team)
The firm serves on the national counsel team for Pfizer Inc in litigation over Reglan/Metoclopramide, which involves approximately 6,300 plaintiffs in various cases in venues across the country. There is no MDL, but there are coordinated proceedings in PA, CA, and NJ, and several single-plaintiff and mass-plaintiff actions pending in state and federal courts in other jurisdictions. In 2011, our firm had two key roles on the national team and will continue to serve as lead national counsel for legal strategy going forward. In 2011, Phil Butler of our firm had primary responsibility for identifying and working up experts (neurology, neuropharmacology, gastroenterology, epidemiology, neuro-ophthalmology, and regulatory) and deposing key treating physicians in cases nationwide. Also in 2011, and on a continuing basis, Kevin Newsom, is head of the national legal strategy team, with primary responsibility for setting legal strategy and drafting/coordinating all dispositive, Daubert/Frye, and pre-trial briefing in Reglan cases nationwide. In 2011 through present, Russ Morgan has served as lead counsel for seven Reglan cases filed by over 25 plaintiffs in United States District Court for the Western District of Tennessee.
Representation of Software Company in Anti-Piracy Litigation
Represent major developer of personal computer operating system software in multiple states in anti-piracy, copyright infringement, and trademark infringement suits
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 our clients on March 11, 2011.
Strategic Systems, Inc. v. Octatron, Inc.
Obtained summary judgment on all counts in favor of client in this contract case involving allegations of malfunction and technical deficiency in wireless mesh networking hardware.
Marble v. Diviney Construction Co., 60 So. 3d 797 (Miss. 2011)
Obtained reversal of $2.5 million jury verdict against Deviney Construction Company in the Mississippi Supreme Court.
Robert E. and Tamra Gilder v. The Bank of New York Trust Company, et al.; In the Chancery Court of Desoto County, Mississippi; Cause No.: 08-06-1243
Fraud action by plaintiff against client alleging wrongful foreclosure. Settled on terms favorable to the client.
World Healthcare Systems, Inc. v. SSI Surgical Services, United States District Court for the Eastern District of Tennessee:
Russ Morgan tried a five day jury trial and the client received a defense verdict. The plaintiff sought $4.9 million, plus punitive damages. The case involved a healthcare dispute in which the plaintiff sought commissions on contracts between the firms client, SSI Surgical Services, Inc., and hospitals to which it provided services. The plaintiff’s complaint included claims for discrimination, fraud, deceit and interference with business relationships. Ten of the 13 counts were dismissed at summary judgment. The court granted directed verdict on the discrimination count at the close of the client’s proof. The court instructed the jury with respect to the breach of contract and interference claims and the jury gave a defense verdict on both counts.
Bituminous v. Blount Forestry
Successfully defended forestry equipment manufacturer in products case arising out of fire loss tried to court without jury. Judgment for defendant, not appealed.
Harrison v. Tyson Breeders, Inc., 91 So. 3d 41 (Miss. Ct. App. 2011)
Represented poultry company in claims of breach of contract, fraud and negligence arising out of termination of former chicken grower. After a four-day trial in 2009, achieved a defense verdict for our client on all tort claims, and a minimal damage award on the contract claim. After a cross-appeal, the Mississippi Court of Appeals affirmed the jury’s verdict in our client’s favor on the tort claims, and reversed the damage award on the contract claims. Plaintiff filed a motion for rehearing and petition for writ of certiorari, both of which were denied.
Summary judgment
Obtained summary judgment in a case alleging racial discrimination. The decision was affirmed by the 6th Circuit upon appeal.
Prime Table Games LLC v. Shuffle Master Corp (SD MS 2008-present)
Represented plaintiff on antitrust claims based upon misuse of patents on casino table games. Successfully settled claims and obtained relief after challenges to claims and venue.
SABHI, Inc. v. Becton Dickinson and Company and DIFCO Laboratories, Inc. (S.D. MS 2003-5)
Successfully represented manufacturer in defense of trademark infringement suit over use of name applied to biological medium.
Firm Wins $2 Million Judgment for the Alabama Commercial Mobile Radio Services Board
The Alabama Supreme Court unanimously affirmed a $2 million judgment in favor of Alabama's 911 Board against T-Mobile for failing to pay 911 fees on prepaid cellular phones. Partners in the firm’s Huntsville office served as deputy attorneys general in this litigation. The Alabama 911 Board was created to collect 911 service charges from cellular service providers with customers in Alabama. T-Mobile filed a lawsuit challenging whether Alabama’s 911 law applied to its prepaid customers. The circuit court held that the law applied and entered a $2 million judgment in our client’s favor. The Alabama Supreme Court unanimously affirmed the trial court’s reasoning and conclusion of law. The case, besides definitively resolving the important statutory issue going forward, will result in over $8 million to the State's 911 system, when escrowed service charges from other cellular carriers are considered.
Cooper Tire & Rubber Co. v. Phillips County, Cir. Ct., 2011 Ark. 183 (2011)
Bradley recently assisted Cooper Tire & Rubber Company in an effort to prevent the public disclosure of its most valuable trade secrets. When a discovery order in an otherwise-ordinary product liability action in Arkansas state court threatened immediate, unprotected disclosure of Cooper Tire’s company-wide design information, manufacturing processes, testing procedures, and – the company’s crown jewel – compound rubber formulas, Cooper Tire retained Bradley to petition the Arkansas Supreme Court for extraordinary relief. Bradley was instrumental in obtaining a writ of certiorari vacating the trial court’s order compelling Cooper Tire to respond to more than 450 discovery requests for twenty years’ worth of trade secrets with no confidentiality protections.
Although the Arkansas Supreme Court rarely grants extraordinary relief from discovery orders, the Court concluded that the trial court’s order required correction because it implicated federal and state constitutional protections for trade secrets. Accordingly, aside from its immediate significance for the client, this precedent will provide substantial assistance both to litigants seeking to protect trade secrets and to parties seeking extraordinary relief in discovery disputes with constitutional implications.
Wendy’s of Bowling Green, Inc. v. Marsh USA, Inc., United States District Court for the Middle District of Tennessee No. 3:10-cv-01043
Plaintiff sued client (insurance broker) for failure to obtain flood insurance premium in a claim arising out of the May 2010 severe flooding in Middle Tennessee. Plaintiff asserts client breached its obligations by failing to notify plaintiff-insured of its failure to pay its flood insurance premium. Plaintiff asserted claims for negligence, breach of contract, breach of fiduciary duty and violations of the Tennessee Consumer Protection Act. Plaintiff sought over $2.3 million, which included treble damages, plus attorneys’ fees and punitive damages. The novel question was whether an insurance broker has an obligation to notify an insured of its failure to pay a flood insurance policy after the broker secured the policy for the insured. Obtained summary judgment on Plaintiff’s Tennessee Consumer Protection Act and breach of fiduciary duty, significantly narrowing the issues for trial and limiting plaintiff’s potential recovery to compensatory damages. The case was settled after summary judgment was entered on a significant portion of Plaintiff’s claims.
Metcalf Construction Company, Inc. v. United States, CAFC No. 2013-5014 (2014)
Assisted in the successful representation of construction contractor, Metcalf Construction Company, Inc., in a high-profile appeal before the U.S. Court of Appeals for the Federal Circuit. Among other things, the case likely will set the standard for many years to come on the implied duty of good faith and fair dealing for federal government contracts.
Boggs v. 3M Co., et al., 527 Fed. Appx. 415 (6th Cir. May 31, 2013)
The Sixth Circuit affirmed summary judgment for our client, 3M Company, based on the statute of limitations, in a case where Plaintiffs claimed the statue was tolled because their lung cancer claims should “relate back” to an earlier complaint. The Sixth Circuit agreed with the trial court that, because the earlier complaint itself was untimely, the amendment could not “relate back.”
Lacheen v. U.S. Bank, No. 3D13-1601 (Fla. 3d DCA Mar. 19, 2014)
Successfully defended bank on appeal after oral argument that involved complex issues of standing and admissibility of evidence.
Rogers v. U.S. Bank, No. 2D13-2661 (Fla. 2d DCA May 7, 2014)
Obtained affirmance of foreclosure judgment and award of attorneys fees for bank after oral argument.
3M Co. v. Johnson, 895 So. 2d 151 (Miss. 2005)
Wayne successfully represented a disposable respirator manufacturer in an appeal of a $125 million jury verdict rendered in asbestos litigation. The Supreme Court of Mississippi reversed the judgment and dismissed the suit with prejudice.
Alabama Dept. of Revenue v. American Equity Investment Life Ins. Co., 169 So.3d 1069 (Ala. Civ. App. 2015)
Affirming trial court’s judgment overturning tax assessments of additional Alabama business privilege tax, interest and penalties.
Andrew Bennett, et al. v. Jefferson County, Alabama, No. 15-11690-BB (11th Circuit 2015)
Representation of Jefferson County in appeal involving the County’s Chapter 9 bankruptcy plan of adjustment.
Bryant v. 3M Co., 78 F. Supp. 3d 626 (S.D. Miss. 2015)
Obtained an order striking the plaintiff’s design expert based on deficiencies in the witness’ qualifications and methodology.
Caldarera v. Timber Tech, Inc., 5:12-cv-67 (S.D. Miss. 2014)
Obtained directed verdict following a bench trial in favor of log home manufacturer in suit alleging negligence relating to the construction of parts for a log home.
Carl E. Fallin, Sr. v. City of Huntsville, Alabama, et al., No. 1150244 (Alabama Supreme Court 2015)
Representation of City of Huntsville in appeal involving alleged constitutional claims.
Cedatol v. Russell Brands, LLC, (2013) WL 2385189, S.D. Mississippi
Won summary judgment for seller of conveyer equipment in products liability case.
Cintas Corp. v. Aluminum Extrusions, Inc. (2014)
Obtained favorable result for uniform supplier in arbitration involving a rental service agreement dispute.
Cirino v. Bank of America, N.A., et al., 2015 WL 5752105 (S.D. Miss. 2015)
Motion for judgment on the pleadings granted for multiple financial services companies in borrower’s suit for negligence, negligent misrepresentation, negligent infliction of emotional distress, breach of contract, breach of the covenant of good faith and fair dealing, and violation of the Fair Debt Collection Practices Act.
Davant v. United Land Corp., 896 So.2d 475 (Ala. 2004)
Affirming summary judgment for defendant client in dispute over coal royalties.
Davis v. Bank of America, N.A., et al, 4:13-cv-00116 (N.D. Miss. 2014)
Motion to dismiss granted for financial institution in a suit for breach of contract, bad faith and intentional infliction of emotional distress.
De-Gas v. Loews Corporation et al, CV-07-900385, Circuit Court of Tuscaloosa County, Alabama
Represented plaintiffs in dispute over right for first refusal in a mineral lease.
Ducksworth v. Wesley Health Systems, 2:14-cv-134 (S.D. Miss. 2015)
Obtained summary judgment on all claims in favor of Wesley Health Systems in Title VII race discrimination and retaliation case.
Eagle Transportation, LLC. v. Great American Insurance Co., et al, 2:11-cv-00096 (S.D. Miss. 2012)
Obtained summary judgment for Great American Insurance Company in suit for equitable estoppel by third-party broker following a loss by the insured.
EEOC v. Vicksburg Healthcare, LLC, 2015 WL 1821581 (S.D. Miss. 2015)
Obtained order in client’s favor denying the plaintiff EEOC’s motion to compel inspection and observation of client’s medical facility in an Americans with Disabilities Act lawsuit.
Ellen Gelboim, et al. v. Bank of America Corp., et al., No. 13-1174 (United States Supreme Court 2014)
Representation of the U.S. Chamber of Commerce (as amicus curiae) in appeal involving multidistrict litigation procedure.
FLSmidth Inc. v. Fiber Innovation Technology, Inc., 2015 WL 5332455 (6th Cir. 2015)
Obtained a judgment for the client at a bench trial in the Eastern District of Tennessee on its claims for unjust enrichment arising out of a rebate promised by the defendant. The judgment was affirmed on appeal by the Sixth Circuit Court of Appeals.
Harmon v. IBM Lender Business Process Services, Inc., 1:11-cv-00206 (N.D. Miss. 2012)
Obtained summary judgment on all claims in favor of financial institution in a suit for wrongful foreclosure.
Harris v. Sryker Spine,39 F. Supp. 3d 846 (S.D Miss. 2014)
Secured summary judgment in this case involving a spinal plate after successfully arguing that the testimony of the plaintiff’s liability expert was inadmissible under the Federal Rules of Evidence.
Harrison v. Tyson Breeders, Inc., 91 So. 3d 41 (Miss. Ct. App. 2011)
Wayne represented a poultry company on claims of breach of contract, fraud and negligence arising out of alleged violation of grower contract. At trial, Wayne obtained a defense verdict on the tort claims, and a nominal damage award on the contract claim. The Mississippi Court of Appeals affirmed the verdict on the tort claims, and reversed the damage award on the contract claims.
Havard v. Bankers Life and Casualty Company, 3:11-cv-142 (N.D. Miss. 2014)
Obtained summary judgment on all claims in favor of Bankers Life and Casualty Company in suit for breach of contract and bad faith breach of contract.
Herrington v. Leaf River Forest Products, Inc.,, 733 So. 2d 774 (Miss. 1999) and Prescott v. Leaf River Forest Products, Inc., 740 So. 2d 301 (Miss. 1999)
Representing a paper company in a series of cases in which plaintiffs complained of the discharge of dioxins into a river system; Wayne obtained summary judgments in favor of the paper company in the trial court, and affirmances on appeal to the Supreme Court of Mississippi.
Hunt v. U.S. Title Loans, Case No.: cv-2011-900706.00 (2013), Circuit Court of Jefferson County, Alabama, Bessemer Division
Successfully moved and argued for the court to set aside default judgment. Then, successfully moved to dismiss all of plaintiff's claims, including violation of U.C.C., negligent hiring and supervision, conversion, and outrage. The decision was affirmed on appeal without an opinion.
Hunter v. Ocwen Loan Servicing, LLC, et al, 3:12-cv-00352 (S.D. Miss. 2014)
Motion to for judgment on the pleadings granted in favor of financial institutions in a suit for wrongful foreclosure.
Jestes v. Saxon Mortgage Services, Inc., No. 2;11-CV-00059 (M. D. Tenn. 2015)
Obtained a defense verdict on behalf of the client at this federal jury trial in defense of multiple claims and causes of action asserted by the plaintiff.
Johnson v. Bank of America Corp., et al, Civil Action No. 2010-0084 (Washington County Court Miss. 2014)
Motion to dismiss granted for financial institution in a suit for alleged violations of the Home Affordable Modification Program.
Lockheed Martin Corp. v. State Department of Revenue, No. 2141074 (Alabama Court of Civil Appeals 2015)
Representation of Lockheed in appeal involving franchise taxes assessed by the Alabama Department of Revenue.
Major Mart, Inc. v. Mitchell Distributing Company, Inc., 3:13-cv-942 HTW-LRA (S.D. Miss., trial in 2015)
After a 17-day jury trial, a jury verdict and final judgment was awarded in favor of a beer distributor in a federal antitrust case brought by a convenience store chain alleging monopolization, attempted monopolization, price discrimination, and state law torts.
Major Mart, Inc. v. Mitchell Distributing Company, Inc., 3:13-cv-942 HTW-LRA (S.D. Miss., trial in 2015)
After a 17-day jury trial, Wayne obtained a jury verdict and final judgment in favor of a beer distributor in a federal antitrust case brought by a convenience store chain alleging monopolization, attempted monopolization, price discrimination, and state law torts.
Mazda Motor Corp. v. Jon Hurst, et al., No. 1140545 (Alabama Supreme Court 2015)
Representation of Mazda in appeal involving alleged products-liability claims.
Mississippi State Conference of the N.A.A.C.P. v. Bryant, 133 S. Ct. 2389 (2013)
Representing the Governor, successfully opposed plaintiffs’ effort to set aside the results of the 2011 state legislative elections and order new elections. On appeal to the U.S. Supreme Court, drafted and filed motion to affirm, which the Court granted.
Phedrek Davis v. Debra Johnson, No. 14-5985 (6th Circuit 2016)
Pro bono representation of habeas corpus petitioner.
Plaintiffs Shareholders Corporation v. Southern Farm Bureau Life Insurance Co.
Wayne represented a defendant life insurance company in a securities fraud and breach of contract suit involving the sale of a convertible debenture. After a 6-day trial before a three-judge arbitration panel, Wayne won a final award in favor of the life insurance company on all claims.
Polar-BEK Company, et al v. Alex D. Baker, et al., CV-01-477, Circuit Court of Shelby County, Alabama
Obtained mid-seven figure jury verdict in breach of contract dispute; case subsequently settled.
State of Mississippi v. Robert Shuler Smith, 123 So. 3d 920 (Miss. 2013)
Filed amicus brief on behalf of the Governor in defense of House Bill 2 (2013), the “open carry law.”
The Sherwin-Williams Co. v. Gaines, 75 So. 3d 41 (Miss. 2011)
Wayne won reversal of a $7 million judgment against a paint manufacturer in a case alleging exposure to lead paint. In reversing the judgment, the Supreme Court of Mississippi found that the plaintiff failed to prove that his alleged injury had been caused by the manufacturer’s lead paint; and that plaintiffs’ expert testimony was unreliable.
Titan Indemnity Co. v. Hood, 895 So. 2d 138 (Miss. 2004)
Wayne was part of the appellate team that won reversal of an $82 million jury verdict in a breach of contract and agency agreement suit against an insurer.
United States of America, et al. v. AseraCare, Inc., et al., No. 2:12-cv-00245-KOB (Northern District of Alabama 2015)
Part of trial team defending AseraCare against alleged claims under the False Claims Act brought by the U.S. Department of Justice.
United States v. Evolve Bank & Trust (W.D. Tenn)
Represented Evolve in defense, and ultimate settlement of enforcement action alleging discrimination on the basis of disability and public assistance. Average Compensation to borrowers of approximately $1,750.
Westford Asset Management, LLC v. Batson & Brown, Inc., 183 So. 3d 894 (Miss. Ct. App. 2015)
Persuaded the Court of Appeals to reverse and render the adverse judgment of the trial court by briefing Mississippi’s lien priority and foreclosure laws that applied to a dispute over a golf course and condominium development.
Wilbourn v. Wilbourn, 106 So. 3d 360 (Miss. App. 2012), cert. denied 105 So. 3d 326 (Miss. 2013)
In a 19-day trial, Wayne won a judgment for his individual clients in breach of fiduciary duty litigation involving a testamentary trust and control of a bank holding company. On appeal to the Court of Appeals of Mississippi, the judgment was affirmed in its entirety.
Williams v. Homecomings Financial Network, Inc., (Miss. Ct. App. 2013)
Obtained a successful ruling from the Mississippi Court of Appeals following the appeal by the borrowers upon entry of judgment in favor of mortgage lender in the trial court relating to the enforcement of a global settlement agreement.
Wilson v. Recreational Water Products, Inc., 2014 WL 223062 (N.D. Ala. 2014)
Obtained summary judgment for defendants in product liability action.
Winchester v. Florida Farm Bureau Equities Inc., 427 F. App'x 833 (11th Cir. 2011)
On appeal, successfully defended district court’s order enjoining state court class action under the All Writs Act.
Appellate Litigation
Kinsale Ins. Co. v. Georgia-Pacific LLC , 2015 WL 4529290 (5th Cir. 2015)
Represented policyholder in successful appeal from an adverse insurance-coverage decision. In a case of first impression, the appellate court adopted policyholder’s position that an “insured versus insured” exclusion in a CGL policy does not bar coverage for pass through indemnity claims among insureds.
Sai v. United States Postal Service, 14-646 (U.S. Supreme Court 2014)
Authored amicus brief on behalf of legal aid associations urging Supreme Court to clarify and protect the privacy rights of individuals proceeding in forma pauperis in federal court.
Otis Elevator Co. v. W.G. Yates & Sons Construction Co., 589 Fed. Appx. 953 (11th Cir. 2014)
Represented general contractor in successful appeal from a breach of contract judgment, winning reversal of judgment on subcontractor’s failure to seek pre-bid clarification and remand for a new trial on contractor’s damages.
Cleveland MHC, LLC v. City of Richland, 163 So. 3d 302 (Miss. Ct. App. 2014)
Authored amicus brief on commercial property owner’s constitutional right to continue a “non-conforming” use of his property, which was cited and relied upon by appellate court in overturning city’s zoning ordinances.
Baker & McKenzie, LLP v. S. Lavon Evans, et al. , 123 So.3d 387 (Miss. 2013)
Represented international law firm in appeal of $100 million legal malpractice verdict, the largest in Mississippi history, and won complete reversal of damages award.
Tellus Operating Group, LLC v. Texas Petroleum Investment Co. , 105 So.3d 274 (Miss. 2012)
Represented Tellus Operating, Mississippi’s largest oil and gas operator, in appeal of defense jury verdict in natural gas conversion and commingling suit seeking over $16 million in lost profits.
Elliott v. KB Home North Carolina, Inc. , 752 S.E.2d 694 (N.C. Ct. App. 2013)
Represented national custom-home manufacturer in interlocutory appeal of order certifying for class action treatment a plaintiffs’ class of homeowners who had signed arbitration agreements.
MESJ, Inc. v. Mississippi Dep’t of Corrections , 98 So.3d 459 (Miss. 2012)
Represented advocacy group in appeal of executive agency’s refusal to publish lethal injection rules and procedures under the Mississippi Administrative Procedures Act.
Double Quick, Inc. v. Lymas , 50 So.3d 292 (Miss. 2010)
Filed amicus brief on behalf of Mississippi Manufacturers’ Association and other trade groups in support of prevailing party on appeal from premises liability verdict in excess of $4 million.
McDermott Gulf Operating Co. v. Con-Dive, LLC , 402 Fed. Appx. 514 (11th Cir. 2010)
Represented international oil and gas exploration company in appeal of maritime dispute arising from district court’s vacatur of an attachment and arrest to secure unpaid charter hire.
Delta & Pine Land Co. v. Nationwide Agribusiness, Co. , 530 F.3d 595 (5th Cir. 2008)
Represented seed producer in appeal of coverage dispute with commercial liability insurer.
Business Disputes
Tried case and secured Award in client’s favor before three-member arbitration panel related to breach of contract and alleged fraudulent representatives over sale of debenture. Anne Marie’s witnesses at trial included experts in actuarial science and fair market valuation. The matter also involved a companion federal district court, which settled as a result of the arbitration result.
Commercial Litigation
Town of Gloster, Miss. v. Georgia-Pacific, LLP et al. (Miss. Circuit Ct. 2013)
Represented plywood-plant operator Georgia-Pacific in suit alleging commercial property losses exceeding $10 million. Case settled successfully.
First Trinity Capital Corp. v. Frontline Underwriters, LLC (S.D. Miss. 2013)
Represented surplus lines insurance broker in suit by premium finance company alleging losses due to fraud. Case settled successfully.
Richard W. Bryan v. Henry D. Burns, et al. (Miss. Chancery Ct. 2012)
Won summary judgment for family limited partnership (FLP) in challenge by non-partner family members to viability of FLP as an estate planning tool under Mississippi law.
Battle v. GMAC Mortgage, LLC, (S.D. Miss. 2012)
Won summary judgment for mortgage lender in debtor’s suit alleging wrongful foreclosure and violations of the Fair Debt Collection Practices Act.
FL 410 LLC v. Raburn et al. (S.D. Miss. 2011)
Obtained dismissal of fraud and breach-of-duty claims brought by customer against former officers and directors of bankrupt New Mexico-based corporation.
Mortgage Electronic Registration Services (MERS) v. Chancery Clerk of Hinds County, Miss. (S.D. Miss. 2011)
Represented MERS in challenge to chancery clerk’s failure to provide notice of tax sale. Case settled successfully.
Carothers Construction, Inc. v. E-Builds, LLC (N.D. Fla. 2010)
Successfully represented general contractor in suit to confirm and collect on arbitration award.
Oceanografia S.A. de C.V. v. Secunda Marine Services (S.D. Ala. 2010)
Defended international maritime charter company against wrongful arrest claims.
Toole v. Illinois Attorney Disciplinary Comm., et al. (S.D. Miss. 2010)
Obtained dismissal of claims that attorney disciplinary body negligently failed to prevent out-of-state attorney from committing malpractice.
Wells Fargo Bank, N.A. v. Holaday & Yoder, PLLC, et al. (S.D. Miss. 2010)
Successfully opposed abstention motion so that bank could continue federal court action against borrowers and guarantors.
Conerly v. Marshall Durbin Food Corp. (S.D. Miss. 2009)
Defended trial counsel against subpoena seeking to discover information obtained in interviews with corporation’s former employees.
Dillard’s v. Lauderdale County, Mississippi (Miss. Circuit Ct. 2009)
Obtained $2.5 million reduction in appraised value of commercial property in ad valorem tax appeal.
NDC Healthcare v. Mississippi Department of Information Technology Services (Miss. Chancery Ct. 2009)
Successfully represented healthcare services provider in action to prevent the release of bid proposal containing confidential and proprietary software descriptions.
Watson Quality Ford, Inc. v. CFF Sales & Leasing, et al. (S.D. Miss. 2009)
Represented retailer of FedEx delivery vans in dispute over non-conforming goods under the Uniform Commercial Code.
Wilbourn v. The Equitable Life Assurance Society of the U.S. (Miss. Circuit Ct. 2009)
Represented insurer in vanishing premiums lawsuit. Case was settled successfully.
Jackson v. Balboa Insurance Company, 590 F.Supp.2d 825 (S.D. Miss. 2008)
Successfully removed and obtained dismissal of claims against mortgage lender in insurance coverage dispute.
Competitive Tort and Related Experience
Abbott Point of Care, Inc. v. Epocal, Inc. (N.D. Ala.)
This matter involved claims against the defendant manufacturer of patient point-of-care testing equipment in two separate lawsuits, where plaintiff asserted claims of infringement related to four patents, interference with noncompetition agreements with former employees of plaintiff, and ownership over the subject patents. Mr. Goodman represented the defendants and was lead trial counsel on all aspects of plaintiff’s state law claims. Following a two-week trial, the jury returned a verdict for defendant on all counts. Aspects of the case are reported at 908 F. Supp. 2d 1231 (N.D. Ala. 2012).
Pixsys Technologies, Inc. v. Agemni, LLC (N.D. Ala.)
This case involved innovative use of the federal Computer Fraud and Abuse Act to stop the competitor of the firm’s client from utilizing a legitimate customer’s credentialing and password to access the client’s internet-based proprietary software. The firm obtained a temporary restraining order against the competitor; following intensive discovery, the case was favorably settled. Aspects of the case are reported at 2013 WL 5739027 (N.D. Ala. Oct. 22, 2013). For commentary on the case, see http://execsecurity.com/blog/tussle-over-high-tech-corporate-espionage/#sthash.6MXpLkBN.dpbs and http://computerfraud.us/computer-crime/a-weapon-against-hackers-on-the-home-front .
E.S. Robbins Corp. v. Schwertner (N.D. Ala.)
This case involved misappropriation of manufacturing process secrets belonging to the inventor of poly-coated livestock fencing, by the company’s former chief technical officer. The officer was attempting to use the technology in a competing manufacturing operation with one of the company’s distributors. Following discovery and a multiple day non-jury trial, the court entered a seven-year permanent injunction in favor of the firm’s client and against the former officer and his new employer. The injunction was affirmed on appeal by the Eleventh Circuit. The case was notable both for the length of the injunction granted and because the case raised for the first time in Alabama the inevitable disclosure doctrine.
Marketron International, Inc. v. OneDomain, Inc. (Cir. Ct. Jefferson Co., Ala.)
Mr. Goodman represented defendants in this software case, alleging trade secret misappropriation and violation of noncompetition covenants, brought against them by their former employer. Although an ex parte TRO was initially granted, the firm defeated plaintiff’s motion for preliminary injunction, and won summary judgment on all claims. The court also awarded defendants attorneys’ fees under the Alabama Litigation Accountability Act.
Ormco Corp. v. Johns,869 So. 2d 1109 (Ala. 2003)
Mr. Goodman represented the plaintiff medical supply company in this noncompete action against its former employee. The trial court’s denial of preliminary injunctive relief was reversed on appeal, in a case that established the standard in Alabama for proving irreparable injury in the noncompetition context.
Askew v. DCH Health Care Authority, 995 F.2d 1033 (11th Cir. 1993)
This landmark decision applied the state action doctrine in the context of a monopolization claim against a hospital organized under the Alabama Health Care Authority Act.
Ram Tool Supply Co., Inc. v. White Cap Construction Supply Co. (N.D. Ala.)
Mr. Goodman served as lead counsel for defendants in an action by a construction supply company against its former employees and their new employer, alleging trade secret misappropriation. Following extensive discovery and a lengthy evidentiary hearing, the court denied plaintiffs’ motion for preliminary injunction. The case was subsequently refiled in Tennessee, where defendants sought and were granted summary judgment.
Diamond Game Enterprises v. Enfinger(Cir. Ct. Jefferson Co., Ala.)
This case involved representation of defendants in claims by former employer based on alleged breach of nonsolicitation and confidentiality agreement. Plaintiff’s motion for preliminary injunction was denied based on Alabama’s door-closing statute, and the case was dismissed with prejudice.
SRS Technologies v. Physitron (N.D. Ala.)
The firm in this case represented plaintiff, a designer and manufacturer of space-ready antennae technology, alleging trade secret misappropriation by a former employer and a competitor. The case settled favorably during the hearing on plaintiff’s motion for preliminary injunction, with the entry of a consent injunction.
Wyatt Safety Supply Co. v. Industrial Safety Prods. , 566 So. 2d 728 (Ala. 1990)
Representation of defendants in noncompete action; trial court’s preliminary injunction reversed on appeal. The case established the law in Alabama at that time that successor corporations could not enforce noncompetion agreements entered into by their predecessors.
Corinthian Mortgage Corp. v. Choicepoint Precision Marketing, LLC(E.D. Va.)
Suit by bank alleging breach of confidentiality agreement by defendant mailing list vendor, resulting in competitor’s acquisition of plaintiff’s information. Settled favorably.
Integrity Rehab Group v. Arkansas Specialty Orthopaedics(E.D. Ark.)
Representation of orthopedic rehabilitation management company in suit for specific performance and breach of contract arising out agreement with doctor group containing noncompetition covenants. Preliminary injunction denied, but case settled favorably prior to trial.
Hot New Products, Inc. v. Trotter, Inc. (N.D. Ala.)
Representation of seller of exercise equipment against manufacturer, alleging resale price maintenance under antitrust laws. Jury verdict for defendant, but case settled on appeal.
HealthSouth v. Clark (D. S.C.)
Representation of plaintiff in case alleging violation of duty of loyalty and breach of confidentiality agreement against former employee; case favorably settled following preliminary injunction hearing.
Nutreco Canada, Inc. v. Douglas(Cir. Ct. Madison Co., Ala.)
Representation of defendants in alleged misappropriation of trade secrets action. Favorably settled.
Southern Pipe & Supply Co. v. Long (S.D. Miss.)
Representation of plaintiff seeking enforcement of noncompete agreement; preliminary injunction granted and case settled favorably.
Citadel Broadcasting Corp. v. Haney(N.D. Ala.)
Representation of former sports radio employee in action seeking enforcement of noncompetition agreement. Favorably settled.
Southern Pipe & Supply Co. v. Pruitt(S.D. Miss.)
Representation of plaintiff manufacturer in noncompete action against former employee. Favorably settled.
Alfa Mut. Ins. Co. v. Price(Cir. Ct. Jefferson Co., Ala.)
Representation of plaintiff insurer in noncompete action against its former CFO; case settled favorably.
Cardinal Health 200, Inc. v. Dortch(Cir. Ct. Jefferson Co., Ala.)
Representation of defendant former employees and new employer in noncompete action; case settled favorably.
Johnson v. Unisource Worldwide, Inc. (M.D. Ala.)
Representation of defendant employer in declaratory judgment action regarding noncompete agreement; case favorably settled.
Red Clay Technology Group, Inc. v. Bentrup(Cir. Ct. Jefferson Co., Ala.)
Representation of plaintiff in noncompete action; settled favorably.
Southland Tube v. Long(Cir. Ct. Jefferson Co., Ala.)
Representation of plaintiff manufacturer in noncompete action against former employee; case favorably settled.
Cashpoint Network Servs., Inc. v. Sligh(Cir. Ct. Shelby Co., Ala.)
Representation of employer in action against former employee for breach of a nondisclosure and confidentiality agreement. Case favorably settled.
Randall Publishing Co. v. O’Brien(N.D. Ala.)
Representation of plaintiff publishing company against former employees for violation of noncompetition agreements; case favorably settled.
Wood v. McGriff, Seibels & Williams, Inc.(Cir. Ct. Jefferson Co., Ala .)
Representation of defendant employer in declaratory judgment action involving noncompete agreement; case favorably settled.
Rust Plant Servs, Inc. v. Koehler(N.D. Ala.)
Representation of employer in action against employee for violation of nondisclosure agreement; case favorably settled.
McGriff, Seibels & Williams, Inc.v. Colvin(Cir. Ct. Jefferson Co., Ala.)
Representation of employer in action to enforce noncompete agreement; case favorably settled.
H&R Block Eastern Enterprises, Inc. v. Lewis(N.D. Ala.)
Action seeking enforcement of noncompetition agreement; settled favorably.
Roto-Rooter Corp. v. Cobb(N.D. Ala.)
Suit to enforce noncompetition agreement; settled by consent injunction.
Institutional Sales Systems, Inc. v. Mullins(Cir. Ct. Jefferson Co., Ala.)
Representation of new employer in action seeking enforcement of noncompete; summary judgment for new employer granted on tortious interference claim.
Towns v. Stryka(N.D. Ala.)
Representation of seller of health products in noncompete case against former employee. Favorably settled.
Blue Medical Supply v. Mayfield(Cir. Ct. Jefferson Co., Ala.)
Representation of plaintiff in suit alleging violation of noncompetition agreement. Favorably settled.
Construction Representative Experience
Represents regional homebuilder in defense of lawsuits brought by individual homebuyers and homeowners’ associations asserting claims for fraud, misrepresentation, violation of state consumer protection statutes, and breach of warranty, as well as prosecution of contractual indemnity actions against subcontractors
Represents multiple general contractor clients in claims brought by and against subcontractors related to defective work, delays, and other contract disputes
Contract and Commercial Litigation
Secured judgment in federal bench trial on behalf of book distribution company in defense of lawsuit brought by competitor alleging client agreed to purchase the competitor’s entire inventory of books just before the competitor filed bankruptcy
Secured dismissal of claims asserted against large privately held company arising out of alleged failure to pay broker for its role in the sale of an insurance business
Represented book distributor in product liability litigation arising out of malfunctioning book-packaging equipment
Obtained dismissal of federal lawsuit brought by contractor against national church organization alleging violation of construction contract for project in Greece
Defended supplier of diagnostic imaging services in litigation with computer software developer
Represented tire manufacturer in federal litigation arising out of dispute with business consultant and software developer
Defended nationwide class action arising from alleged conversion of welding gas cylinders through a cylinder exchange program
Employment Litigation
Obtained a voluntary dismissal of an age discrimination claim on behalf of Mat Rental LLC brought in Harris County, Texas.
Obtained successful resolution for a major broker-dealer in an employment matter before FINRA.
Achieved favorable settlement for a technology staffing company in trade secret and employment dispute in Harris County, Texas.
Represented large oil-and-gas company in multiple matters relating to trade secrets and employment disputes
Represented major medical device manufacturers in non-competition and non-disclosure actions.
Enron
Defended a public utility in a $43 million adversary proceeding filed by Enron Corporation with respect to forward contracts and swap agreements, resulting in a $12.5 million net recovery for the public utility on counter-claims.
Fair Housing Litigation Representative Experience
Counsels multiple nationwide multifamily housing providers on handling fair housing issues encountered with tenants, ranging from responding to requests to allow service dogs and comfort animals at no-pet properties, demands to provide alternative amenities, and claims of discrimination based upon age, race, gender, familial status, sexual orientation, disability, and other protected classes.
Represented nationwide multifamily housing provider, apartment complex, and property manager in fair housing investigation brought by Virginia Fair Housing Office as result of complaint filed by former tenant alleging discrimination based upon age and disability; secured complete dismissal of complaint based upon lack of evidence to support claimed discrimination.
Financial Institutions
Represented a financial institution in civil suit stemming from alleged misconduct. Financial institution’s motion to dismiss all charges granted
Lehman Brothers
Represents a regional healthcare facility in multi-million dollar swap litigation in the Lehman Brothers bankruptcy.
Litigation
Barber v. Business Product Center, Inc. , 677 So. 2d 223 (Ala. 1996)
Keck v. Dryvit Systems, Inc. , 830 So. 2d 1 (Ala. 2002)
Representation of Dryvit Systems, Inc., the nation’s largest synthetic stucco manufacturer, throughout Alabama and Mississippi against claims sounding in products liability, fraud, negligence, and state consumer protection laws. This representation included defeat of a putative class action filed against Dryvit in Alabama state court, removal and transfer of numerous cases from Alabama state courts to an MDL set in North Carolina, and coordination of discovery between MDL and state court matters. Through this representation, we were able to obtain a dismissal of all lawsuits brought by subsequent purchasers of Dryvit clad residential structures based upon the doctrine of Caveat Emptor.
Phuong Doan v. Kirkpatrick Concrete, et al.
Obtained summary judgment on calcium carbonate claim relating to concrete and wrongful death associated with same.
Rice v. Ford Motor Company , 726 So. 2d 626 (Ala. 1998)
Sandusky v. Alagasco
Arbitration of dispute involving contracts compressed natural gas vehicles.
Sheffield v. Ford Motor Company
Toxic Tort case involving local municipalities and developers suing over contamination at a former die casting plant.
Anadon Construction/Chinese Drywall Litigation
Advised home builders and developers on claims involving Chinese Drywall claims.
Asbestos Litigation
Represented numerous clients for over 10 years in asbestos litigation in Alabama and in the Multi-District Litigation in the Eastern District of Pennsylvania.
Asbestos Litigation
Asbestos litigation for parts supplier.
Dryvit Systems, Inc.
Bradley Arant oversaw the litigation of hundreds of lawsuits and even more unfiled claims relating to allegations of damages resulting from the presence of EIFS on houses. A number of these contained personal injury claims allegedly resulting from exposure to “toxic mold.” We were able to eliminate the personal injury claims from the suits so that the entire focus of the case was on the property damage claims.
Successfully represented a mobile home manufacturing company in allegations concerning formaldehyde exposure in mobile homes.
Jeremy H. Moore v. Dow Chemical Company, et al.
Obtained summary judgment for an international chemical company on benzene exposure claims in Alabama.
Legislation of Toxic Torts and other Litigation Issues
Assist Manufacturer group in drafting new legislation on toxic torts, and other litigation specific issues.
M.A. Bell Company; Mouat Company; Eagle Materials, Inc.; Simpson Technologies; Hickman Williams Co.; Green Brothers Gravel Company
Bradley Arant successfully obtained the dismissals of more than 10,000 silica claims against the M.A. Bell, a manufacturer of silica-based foundry consumables. Bradley Arant has also successfully defended silica exposure claims in Mississippi and Alabama for Mouat Co., Eagle Materials, Inc., Simpson Technologies, Hickman Williams Co. and Green Brothers Gravel Co.
Manufacturing
Represented large international manufacturer in criminal antitrust investigation
Mortgage Regulation
Represented mortgage broker in regulatory proceeding before Fannie Mae
Non-Competition/Restrictive Covenants
EBSCO Industries, Inc. v. Jerry H. White, et al., CV-03-HS-2404-S (N.D. Ala.)
We represented EBSCO Industries, Inc. in enforcing non-compete agreements signed by two of its former employees in Oklahoma and to enforce its trade secret rights from misappropriation by the former employees and a third individual who had not previously worked for EBSCO. The Court granted our motions for TRO and later for preliminary injunctions against the former employees. Ultimately, permanent injunctions by consent were entered that ordered the defendants to comply with the terms of the non-compete and confidentiality provisions of their agreements and that otherwise protected EBSCO’s trade secrets.
Ormco v. Johns, Jefferson County, Alabama Circuit Court, Alabama Supreme Court
Created positive precedent for companies in Alabama Supreme Court relating to non-competition enforcement.
Oil and Gas Litigation
Obtained on behalf of Keppel Shipyard Limited a dismissal based on lack of personal jurisdiction in an adversary proceeding in the U.S. Bankruptcy Court for the Southern District of Texas where the Trustee of the MPF Litigation Trust sought to obtain a judgment of more than $4.5 million.
Obtained a final judgment in the U.S. District Court for the Southern District of Texas, Houston Division, on behalf of a Safwan Petroleum, a Kuwait-based petroleum company, dismissing an action brought against it by an oil-and-gas supplier for lack of personal jurisdiction and insufficient service of process.
Obtained summary judgment for a client in an interpleader action pending in the U.S. District Court for the Southern District of Texas, Houston Division, involving a dispute over $3.4 million in proceeds escrowed from the sale of a lift-boat vessel. Received favorable decision following two-day bench trial in 2011.
Obtained on behalf of ACTEL Middle East for Computer Equipment a confidential settlement following mediation of its breach of contract claims against Kellogg, Brown and Root International, Inc.
Achieved client's objectives representing Amazon Energy, a Nigerian oil & gas company, in a breach of contract matter against Velosi America LLC, a subsidiary of the Velosi Group, in Harris County, Texas
Preference defense
Regularly defends large preference claims and other bankruptcy avoidance actions against corporate clients of the firm. Recent results include settling a $5 million preference claim by a steel manufacturer for less than 1 cent on the dollar, and winning a seven-figure preference claim against a major oil refiner on summary judgment.
Product Liability Representative Experience
Serves on National Class Actions team for international building products manufacturer, devising strategy and preparing motions and appellate briefs for defending against putative nationwide and statewide class actions alleging unfair and deceptive trade practices, fraud, misrepresentation, and breach of warranty brought in multiple federal and state jurisdictions.
Represents manufacturer of tobacco products in state court action involving allegations that plaintiff’s use of cigarettes worked in synergy with his exposure to asbestos products to cause his lung cancer; Obtained dismissal in trial court based upon improper joinder of client with asbestos-related defendants and drafted appellate brief that secured dismissal of plaintiff’s appeal for lack of final judgment.
Counsels manufacturers and distributors of consumer products in matters involving Consumer Products Safety Commission’s Consumer Complaint Database, including assisting clients with responding to consumer complaints and managing Commission investigations.
Assisted international consumer outdoor products manufacturer in defense of multimillion dollar personal injury lawsuit alleging defects in its riding lawn tractor, which was resolved for 0.0006% of damages claimed in plaintiff’s complaint.
Supported trial team in defense of “popcorn lung” personal injury action brought against chemical distributor by industrial worker that resulted in judgment well below final settlement offer.
Defended international construction machinery manufacturer in wrongful death action brought on behalf of deceased forklift operator overcome by carbon monoxide, securing dismissal of all claims against client.
Assisted international boiler manufacturer with conducting due diligence on potential acquisition in United States, investigating target entity’s multimillion dollar asbestos liability exposure and aiding client in avoiding overly risky purchase.
Products Liability Litigation
Achieved a favorable result representing C&D Technologies, a NYSE-listed battery manufacturer, in a breach-of-contract action brought in Harris County, Texas regarding product installed at a NASA plant.
Satisfied client's objectives representing Tiffany & Co. in a deceptive trade practices suit brought by a consumer in Harris County, Texas.
Obtained a confidential settlement for medical supply manufacturer in a products liability action brought by the State of Texas in El Paso County, Texas.
Reached a confidential settlement representing a hard wood flooring manufacturer in a products liability action brought by a consumer in Montgomery County, Texas.
Represented a medical device company in a defamation, slander and tortious interference action in Tarrant County, Texas.
Accomplished client's objectives in representing a global logistics company in a dispute brought by a technology company with respect to allegedly damaged computer equipment in the U.S. District Court for the Southern District of Texas, Houston Division.
Represented medical supply manufacturer in products liability actions in Texas and Tennessee.
Real Estate Litigation
Successfully represented a private landowner in a dispute before a municipality relating to an easement with respect to utilities.
Represented NRG Energy, a NYSE-listed energy company, in an action brought in Fort Bend County, Texas by a landowner who claimed to have an easement over property owned by NRG.
Reclamation claims
Obtained excellent results on behalf of manufacturers, bottling companies, consumer brands and other companies asserting reclamation claims in the national chapter 11 cases of retailers, wholesalers and distributors.
Representation of limited partners in a fraudulent transfer lawsuit against the transferees of their former general partner who absconded with partnership assets.
Rooster’s Grill, Inc. v. Peoples Bank, 965 F. Supp. 2d 770 (S.D. Miss. 2013)
Secured a dismissal with prejudice in a commercial dispute involving a Small Business Administration loan by demonstrating that the allegations in the plaintiff’s complaint were not actionable based on the structure and purpose of the controlling federal statute and regulations.
SEC
Represented publicly held company in SEC investigation
Securities and Corporate Governance Litigation
Represented a service company in the energy industry in repelling a shareholder's threatened class action arising out of a description in the client's proxy statement of its stock option plan.
Obtained dismissal of client Meecorp Capital Markets, LLC in a suit pending in Dallas County, Texas, due to lack of subject-matter jurisdiction.
Obtained an order dismissing clients from a suit pending in the U.S. District Court for the Northern District of Texas, Dallas Division, for lack of subject-matter jurisdiction. Excel Marketing Solutions, Inc. v. Direct Financial Solutions, LLC, CA No. 3:11-CV-0109-D, 2011 WL 1833022, (N.D. Tex. May 13, 2011) (Fitzwater, C.J.).
Obtained a $3.15 million judgment in the U.S. District Court for the Western District of Texas, Austin Division, confirming two arbitration awards entered by a Hong Kong arbitral tribunal in favor of a Chinese manufacturer. China Nat'l Bldg. Material Inv. Co., Ltd. V. BNK Int'l LLC, No. 09-CA-488-SS, 2009 U.S. Dist. LEXIS 113194 (W.D. Tex. Dec. 4, 2009) (Sparks, J.).
Obtained a favorable decision from a Harris County, Texas, trial court granting partial summary judgment for a technology services company, its president and chief operating officer in an action involving claims for breach of contract and damages for an accounting and partnership distribution.
Tax Fraud
Represented small-business owner charged with state-law criminal tax offenses
Trial Experience
Received a favorable jury verdict following a week long jury trial in the U.S. District Court for the Western District of Texas, Austin Division in an action alleging breach of a non-competition covenant.
Received a favorable jury verdict following a week long jury trial in the U.S. District Court for the Eastern District of Texas, Marshall Division in a misappropriation of trade secrets action.
Received a favorable decision following a two-day bench trial in the U.S. District Court for the Southern District of Texas, Houston Division. The Court awarded attorney's fees as damages to client New Strong Group Limited upon the Court’s determination that the opposing parties acted in bad faith, without any colorable claim, and intentionally interfered with a contract made the subject of an interpleader action.
Obtained a complete defense verdict following a two-day bench trial in Travis County, Texas, for Texas-based technology companies Round2 Inc. and Round2 Technologies, Inc. This conversion action arose from the companies’ purchase of stolen graphics cards that were represented as abandoned and damaged freight.
Obtained a complete defense verdict following a one-day bench trial in Tarrant County, Texas, for a private sector college in an action brought by a former student for wrongful expulsion.
Represented a major broker-dealer in a consumer securities dispute before the American Arbitration Association.