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The firm is currently representing Plaintiff InDysne, Inc. in this copyright infringement action. InDyne owns the copyright in Program Information Management System (PIMS) software, which was copied without permission by employees of Defendant Abacus. Also pending in Florida state court are related state court claims of theft of trade secrets and conversion that were severed by the federal court.
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The firm represents Online Resources Corporation, one of the nation's largest processors of bank and credit card payment transactions, in this patent infringement action. The firm filed a declaratory judgment action in federal court in Maryland seeking a declaration that it did not infringe claims of a family of patents held by Defendants, or, alternatively, that these patents are invalid. Subject matter of the patents are business methods and systems for processing bill payments taken over the phone. The Defendants filed counterclaim alleging infringement. The parties conducted discovery and exchanged invalidity and infringement contention. The case is currently stayed while the parties discuss settlement.
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We defended Goodyear in this products liability tire case. Plaintiffs were the passengers in a 16 passenger van that was involved in a single vehicle accident in rural Eastern Wyoming after it left the interstate and crashed at highway speed into a dirt berm in the interstate right-of-way. The accident resulted in two deaths, including the death of an 11 year old female passenger, and the driver of the vehicle was left a quadriplegic. Plaintiffs claimed that the right front tire of the van, manufactured by Goodyear, ruptured during normal operation as the result of tread belt separation causing the driver of the van to lose control of the vehicle.
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We defended Fresenius, a national provider of dialysis services, equipment and supplies, in a wrongful death action arising from a multiple vehicle accident involving a commercial motor vehicle operated by an employee of the client. The case involved significant issues of causation, as the accident involved a chain reaction of multiple collisions, the first of which occurred when the vehicle drive by the deceased’s 16-year-old daughter struck a disabled vehicle that was blocking a lane of east bound I-20 in West Georgia.
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Plaintiff brought wrongful death and co-employee liability claims against her deceased husband’s employer and the company’s supervisors after the deceased was killed in a single vehicle accident. Plaintiff pursued a novel theory that her claims were not barred by the exclusivity provisions of the workman’s compensation act as a result of alleging a claim outrage against defendants. We obtained favorable pre-trial judgments for the clients on the claims of outrage and wrongful death, and the parties ultimately reached a settlement on the co-employee claims against the two supervisory employees.
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We defended Metro Bank against claims of negligence, wantonness, bad faith and negligent/wanton hiring and supervision arising from the Bank’s acceptance for deposit and negotiation of signed checks taken from a Bank customer by a second Bank customer that were applied to the second customer’s personal accounts and loans at the Bank. The case settled after we obtained partial summary judgment for the Bank as to all of plaintiffs’ common law claims for damages against the Bank, forcing plaintiffs to pursue relief from the Bank exclusively under the UCC.
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We brought claims on behalf of Mayer Electric Company against two former sales employees and their competing company, formed before they left Mayer Electric’s employment, for breach of fiduciary duty and misappropriation of trade secrets arising from the defendants’ pre-departure solicitation of Mayer Electric’s customers. We also defended Mayer Electric from defendants’ counterclaims alleging defamation and intentional interference with business relations.
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Plaintiff, a construction company, filed for Chapter 7 bankruptcy the day after filing an action in the Circuit Court of St. Clair County, Alabama for damages under the UCC arising from the theft, fraudulent endorsement and negotiation of $238,000 in company checks by its supervisor employee that were then deposited in his personal accounts at Metro Bank. We removed the state court action to Bankruptcy Court and, after successfully avoiding the Bankruptcy Trustee’s attempt to remand the case to state court, the case settled for approximately 15% of the amount of the stolen and forged checks.
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Defended an individual pledgor of a $1 million certificate deposit in this interpleader action. We obtained summary judgment in favor of the client that allowed him to recover the pledged funds against the competing claims of an individual guarantor of the underlying debt who sought an assignment of the pledged collateral following his satisfaction of the debt. The award was upheld on appeal to the Alabama Supreme Court.
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We defended an officer of Ingram Barge Company, Plaintiffs’ largest customer, from claims that he conspired with plaintiffs former officers and employees in the breaches of their fiduciary obligations to the corporation when he “aided and abetted” the former employees’ takeover of plaintiffs business.
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Plaintiffs’ brought claims for accidental death benefits and bad faith after Defendants refused their claim for benefits on separate accidental death benefit policies following the death of Mr. Parker’s son. We obtained summary judgment for both insurers on grounds that the plaintiffs failed to cooperate with the insurers’ investigations into the claims and that the deceased was not a covered insured under the policies. The Alabama Court of Civil Appeals affirmed the award of summary judgment.
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Defended Metro Bank against claims by plaintiff mortgagor homeowners that Metro Bank, as construction lender, failed to properly supervise plaintiffs’ builder during the construction of their new residence. We obtained summary judgment on all claims following the close of discovery.
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Defended third party defendant Auburn Bank and its officers against claims by third party plaintiff mortgagor homeowners that Auburn Bank, as their construction lender, failed to properly supervise their builder during construction of plaintiffs’ new residence.
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Defended Pharmacia Corporation against personal injury claims brought by plaintiff employees of Monsanto Corporation who were severely injured in a chemical spill at a plant formerly owned by Pharmacia.
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Defended Citizens Bank & Trust on claims that the Bank negligently released a certificate of title for plaintiffs’ mobile home to the co-maker of the purchase money loan for the mobile home who then forged plaintiffs’ signature on the title and obtained a new certificate of title in the forgers’ names.
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Plaintiff brought this action to set aside a deed that she claims was fraudulently procured by her children. Plaintiff sought damages from Exchange Bank on grounds that the bank and its officers were negligent and fraudulent in failing to investigate the true ownership of the property and also participated in a conspiracy to defraud plaintiff of her interest in the property. We obtained summary judgment for the Bank on all claims which also allowed it to preserve a significant mortgage on the subject property.
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Defended the First Bank of Linden after its account holder sued the Bank for negligence, breach of contract and statutory claims arising from the dishonor by the Bank of several checks presented to the Bank for payment during a period when the Bank had placed a “hold” upon the Plaintiff’s accounts as the result of the receipt by the Bank of a writ of garnishment from the District Court of Marengo County, Alabama against a defendant identified under the Plaintiff’s trade name.
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Defended Bayer Corporation in this products liability action that arose from Plaintiff William Meharg’s use of Baycol. Plaintiffs voluntarily dismissed all claims in the case after our deposition of Plaintiff William Meharg showed a lack of causation between his medical condition and his use of Baycol.
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Plaintiff filed an acting seeking a TRO and preliminary and permanent injunctive relief after he was dismissed as a long time Boy Scout volunteer leader. The Plaintiff voluntarily dismissed his case after his deposition was taken rather than respond to the Boy Scout’s pending motion for summary judgment.
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Defended Mineola Water Corporation from claims by a former plant manager that he was wrongfully terminated in violation of an employment agreement with Mineola Water, a contract Mineola Water denied existed.
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Defended Monumental Life Insurance Corporation from claims for accidental insurance benefits and bad faith refusal to pay plaintiff’s claim for accidental death benefits following his father’s death.
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Defended Russell Corporation in this commercial dispute over rights under manufacturing licensing agreements.
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Defended Russell Corporation against claims of libel and slander brought by a former employee arising from her termination for cause.
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Defended SouthFirst Bank, formerly known as First Federal of the South, against claims of fraud and conspiracy. The plaintiff was a loan applicant who was originally denied a loan by the bank as a poor credit risk, who then borrowed funds from a private party in a transaction that was set up by one of the bank’s loan officers.
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Defended Stevens Transport, Inc., a national commercial carrier, in a wrongful death action arising from a MVA involving one of its trucks.
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Defended Stevens Transport, Inc., a national commercial carrier, in a personal injury action arising from a MVA involving one of its trucks.
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Defended American Standard, the manufacturer of plaintiffs’ HVAC unit, against claims of negligence, wantonness, breach of contract, suppression/ misrepresentation, breach of express/implied warranty, bad faith and negligence under the AEMLD in the installation of the HVAC unit as a result of a mold infestation in Plaintiffs’ home.
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Defended Trane in this products liability action where Plaintiffs claimed that their HVAC unit manufactured by Trane caused a fire that damaged Plaintiffs’ residence.
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Defended Trane against Plaintiffs’ claims that Trane breached its contract, committed fraud, suppressed material facts, breached written and verbal warranties, and negligently and wantonly failed to supervise its employees with regard to the sale by Trane and the purchase by Plaintiff of two (2) Trane rooftop cooling HVAC units that were installed at an office building owned by Plaintiff.
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Defended American Standard Warranty Company against Plaintiff’s action for a TRO attempting to forestall Plaintiff’s termination as an American Standard HVAC warranty dealership. The parties reached a settlement of their dealership dispute without the entry of the requested TRO.
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Prosecuted to issuance application for patent before United States Patent and Trademark Office on behalf of inventor Jessie Putman. Examiners rejection of all claims in first office action were overcome resulting in patent issuing on all claims. Issued September 20, 2005.
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We are prosecuting this patent application (filed June 19, 2006) before the United States Patent and Trademark Office on behalf of inventors John L. Miller, James T. Burkett and William L. Moorer. The matter is presently on appeal of the Examiner’s final rejection on all claims before the USPTO Board of Patent Appeals and Interferences.
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Tension Strap for Migration Prevention and Patellar Stabilization for Use with Knee Braces, U.S.P.T.O. Application No. 11/943,997 filed November 21, 2007. Prosecuting this patent application before United States Patent and Trademark Office on behalf of inventors Alan Spooner and John Dean. The application is currently being contested on the applicants’ response to the Examiner’s first office action rejection of all claims.
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We defended Southern Living against alleged copyright infringement of numerous house plans and artists renderings, in which plaintiff house designer’s damages claim exceeded $100 million. We also asserted counterclaims for trademark infringement arising from the plaintiff’s use of the Southern Living trademark in internet keyword advertising, Sponsored Ads, and as website metatags. A favorable settlement was reached after oral argument on our Daubert motion to exclude plaintiff’s expert witnesses and our motion for discovery sanctions.
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We successfully represented a business unit of EBSCO Industries to enforce non-disclosure agreements and to protect trade secrets in an action against former employees and their newly formed company. Following two days of testimony the Court entered a preliminary injunction. We then negotiated a settlement that resulted in entry of a permanent injunction against all defendants. Other terms of the settlement are confidential.
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Defense of patent infringement claims that the technology and methods used by defendants to process a variety of financial transactions infringed patents owned by the plaintiff.
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