Experience
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Recent Experience
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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.
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On October 16, 2009, the Alabama Supreme Court reversed an $81 million fraud judgment against our client GlaxoSmithKline and rendered judgment its favor.
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Represented Robert C. Walsh, the 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. Our aggressive work in the case resulted in the prosecution concluding, after we filed our Motion for Judgment of Acquittal, that there was insufficient evidence against Mr. Walsh for the case to go to the jury. On the government’s motion, a dismissal of the indictment with prejudice was granted.
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Our firm assists in all domestic and international trademark work, licensing activity, and other IP contractual matters for the Alabama Space Science Exhibit Commission/U.S. Space and Rocket Center, a state governmental entity that operates the famous Space Camp, Aviation Challenge, and other educational programs. We have handled opposition proceedings, conducted regular policing activities, and have helped to create a strategy for selecting the marks and countries for protection. The firm assists in all licensing activity and IP contractual matters, as well as book deals and licensing with well-known national and international partners, and movie and music producers.
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Counsel for HealthSouth Corporation in obtaining $2.8 billion judgment in a non-jury trial of claims against HealthSouth's former CEO for breach of fiduciary duty arising out of a multi-billion dollar accounting fraud.
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