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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.
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Mass Tort case involving thousands of neighbors making a claim for personal injury damages from a former die casting plant.
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Dispute over covenant in real estate transaction.
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Toxic Tort case involving local municipalities and developers suing over contamination at a former die casting plant.
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Work to establish new zoning
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Worked for local professional services firm to oppose annexation.
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Condemnation case
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Toxic Tort asbestos case establishing no liability for controlling producer.
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Real estate seller brought specific performance action against purchaser for failure to perform certain obligations under the contract, including compliance with state environmental regulations. Obtained rescission of the contract and a $1,000,000.00 judgment against the company and the individual owners following summary judgment.
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Obtained a one million dollar verdict in a breach of contract environmental dispute between two companies in Alabama.
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Obtained summary judgment on claims of thousands of individuals alleging exposure to volatile organic chemicals from a former large manufacturing plant in Alabama.
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Successful negotiations and settlement of a claim involving lead and acid damage to a manufacturing plant and real property in Alabama.
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Obtained summary judgment for an international chemical company on Benzene Exposure Claims in Alabama.
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Obtained summary judgment on calcium carbonate claim relating to concrete and wrongful death associated with same.
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Arbitration of dispute involving contracts compressed natural gas vehicles.
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Advised home builders and developers on claims involving Chinese Drywall claims.
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Asbestos litigation for parts supplier.
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Represented numerous clients for over 10 years in asbestos litigation in Alabama and in the Multi-District Litigation in the Eastern District of Pennsylvania.
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Obtained several hundred percent increase in original offer in condemnation action by utility.
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Represent several clients in relation to construction of quarries.
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Investigated allegations of historic, illegal burial of waste-containing drums.
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Advised client/lessee in connection with remediation of spilled dry-cleaning products in Texas, and in related negotiations with property owner.
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Work with municipalities on Fair Housing Issues and issues raised by the Department of Housing and Urban Development.
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Negotiated settlement of an environmental dispute involving volatile organic chemicals and other environmental exposure issues at a very large industrial plant in Alabama; following settlement, worked on the closing transaction for the settlement involving an exchange of property and closure of the plant with ADEM.
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Negotiated terms of restaurant lease.
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Won partial summary judgment enabling tenant in an industrial building to win a favorable settlement.
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Assist Manufacturer group in drafting new legislation on toxic torts, and other litigation specific issues.
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Obtained summary judgment in silica exposure litigation.
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Represented two entities in Partition actions.
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Assisted concrete company in pursuit of opening a new quarry site and obtaining necessary wetlands permits and drafting environmental covenants.
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Assisted real estate owner in analysis of Phase 1s and other environmental conditions in sale of several parcels of real property.
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Long time representation of dry cleaning supply company including advice and consultation on environmental issues and litigation involving property damage and personal injury claims regarding exposure to perchloroethylene and tetra chloroethylene.
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Assist local companies in convincing City of Birmingham not to condemn their properties for a Stadium. Stadium will go elsewhere saving the client’s property AND increasing the value of the property going forward.
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Assist company on claims relating to failure to build in real estate purchase contracts.
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Representation of a construction material supplier manufacturer in a silica litigation throughout the U.S.
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Recover favorable settlement from title insurer on behalf of landowner after title insurer failed to defend landowner in underlying case.
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Represent Nationwide Owner of Commercial Real Estate in several landlord/tenant disputes in Alabama, and Mississippi.
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Successfully represented a mobile home manufacturing company in allegations concerning formaldehyde exposure in mobile homes.
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Won summary judgment for client in asbestos case. Client manufactured equipment in which one component part not manufactured by our client contained any asbestos.
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Represent client in theft of timber claim.
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Obtained summary judgment on toxic mold claims in Alabama and Mississippi.
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Assisted Real Estate Developer in analysis of Vapor Intrusion issues in the sale of real property.
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Assists MetLife with review of Phase 1 and Phase 2 surveys and preparation of a plan for development of a Multi-Use residential/commercial property development in Nashville.
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Assist Mueller Water Products in subdividing property and re-permitting several sites in Bessemer and North Birmingham, Alabama. Including, but not limited to, RCRA Post Closure Permitting.
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