Richard H. Monk III

Partner
Legal Assistant
Carla Batchelor
P: 205.521.8214 cbatchelor@bradley.com
Representative Experience
  • Commercial Litigation
    • Representation of textile manufacturer in asserting antitrust claims arising out of customer allocation and price fixing in the polyester staple fiber industry.

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

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

      Defense of 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.

      Defense, coordination and monitoring of all claims and litigation in a multi-state region for a plumbing supply distributor serving as primary contact with insurers and defense counsel. 

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

  • 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 serves 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
    • Representation of a petroleum refiner in a wide range of matters for more than 20 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 a 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
      • Defense of product liability cases across an thirteen state region for a tire manufacturer for which Bradley Arant Boult Cummings serves as Regional Counsel.
      • Defense of a manufacturer of exterior wall components in several hundred simultaneously pending products liability and fraud cases.
      • Defense of chemical manufacturer from claims by more than 275 plaintiffs alleging injuries resulting from exposure to client’s product in their workplace.
      • Coordination and monitoring of litigation across multiple states for a plumbing supply distributor.
  • Policyholder Insurance Coverage Matters
      • Defense of sewer contractor in declaratory judgment action brought by insurer seeking to disclaim coverage pursuant to bacteria exclusion in Commercial General Liability Policy.
      • Representation of security contractor in connection with insurer’s efforts to avoid coverage under Employee Theft Policy for losses resulting from acts of employee dishonesty.
      • Coordination and monitoring of insured litigation across multiple states for a plumbing supply distributor.