Charles Stewart

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  • RSA Dexter Avenue Building
    445 Dexter Avenue
    Suite 9075
    Montgomery, AL 36104
P: 334.956.7608
F: 334.956.7808
Secretary:
P: 334.956.7640
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Charles Stewart

Partner

Experience

In the United States District Court for the Southern District of Alabama – Case No. 11-409. Defending company that develops information technology solutions for hospitals and specialty healthcare facilities in a lawsuit brought by a terminated employee for race discrimination. Plaintiff claimed that HMS refused to remove her from one of HMS’s customer’s locations where Plaintiff claims she was the victim of race discrimination. Summary judgment was granted on all claims in favor of our client.
Lead attorney in a lawsuit alleging that the Defendants intentionally violated Plaintiff’s procedural due process rights by allegedly terminating her without cause, treating her differently from a similarly situated employee, and intentionally violating her constitutional rights by retaliating against her for actions she took as a hearing officer. Summary judgment was granted in favor of the firm’s clients.
Chuck Stewart was the lead attorney, along with fellow attorneys Anne Yuengart and Summer Davis, in case involving claims of ADAAA discrimination as well as retaliation under Title VII.  Summary judgment was granted in favor of the firm's client on all claims.
Obtained affirmance of summary judgment in favor of local housing authority from Supreme Court of Alabama.
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.
Plaintiff alleged that his employer discriminated against him on the basis of race because he, an African-American male, was terminated for an alleged violation of Lowe’s sexual harassment policy, but a white male who engaged in substantially the same activity was not terminated. Summary judgment was granted in favor of our client. The plaintiff did not appeal.
A start-up company was sued by Movie Gallery in a lawsuit alleging for violation of the Lanham Act, trademark infringement, unfair competition, violation of the Deceptive Trade Practices Act and breach of contract. After a failed effort by Movie Gallery to sell a portion of its business to Associated Sourcing, our client, set out to create a competing business. Movie Gallery claimed that our client had wrongfully stolen its confidential trade secrets and then used them to successfully compete against them. The case was tried to a verdict in the Middle District of Alabama, resulting in a defense verdict on all claims.
Defending tire manufacturer in product liability case involving an allegedly defective tire which was involved in a rollover accident resulting in incomplete quadriplegia. This case was settled confidentially at trial.
Defending 18-wheeler seat belt manufacturer in a product liability case involving crashworthiness claims and an alleged seat belt defect claim. This case was settled confidentially at trial.
Defending building products manufacturer in a race and gender discrimination case brought by the former head of human resources for a plant located in Selma, Alabama. Our client prevailed in trial.
Former temporary worker with wheelchair supplier brought action against a supplier, its employee, and an investigator with the Alabama Attorney General's office alleging malicious prosecution in violation of the Fourth Amendment under §1983.  Our client moved for summary judgment, and it was granted.  No appeal was taken.
Defending building products manufacturer against hostile work environment claim, as well as claims that Plaintiff was denied promotions because of her gender and age.  Plaintiff further claimed she was discharged in retaliation for filing an EEOC claim. Our client won at trial and on appeal.
Defending declaratory judgment action brought by the Montgomery City Council against the Montgomery Housing Authority and the City of Montgomery to determine in a case of first impression which entity had the legal authority to appoint commissioners to the board of the Montgomery Housing Authority. Our client lost its argument at trial.  No appeal was taken.
Defending security guard company at trial in a case where an African-American male claimed that he was denied a job at the company due to his race. Our client prevailed at trial.
Our client was sued for defamation when our client's former human resources official made communications to other employees in the course of investigating plaintiff's alleged falsification of their timecards. Our client prevailed at the trial court level and on appeal.
Defending case where Plaintiff claimed he was paralyzed temporarily and ultimately rendered impotent in a serious automobile accident. Our client lost at trial, but the loss was less than the plaintiff's lowest demand.
Defending employment matter where two plaintiffs alleged that they were guaranteed lifetime employment subsequent to their on-the-job injuries of a loss of vision and a loss of an arm. This case was settled confidentially at trial.
Defending product liability, wrongful death action against automobile manufacturer alleging a defective fuel system when a pickup truck flipped over on its roof and ultimately caught fire resulting in the death of two minor males. This case was settled confidentially at trial.
Defending bank against claim from borrower that the bank negligently inspected his home during construction and negligently failed to require the home to be constructed in a good and workman like manner. Our client won at trial.
Defending insurance company in lawsuit alleging a conspiracy to defraud its insured with respect to insurance coverage. Our client won at trial.
Defending travel agency against claim that the company discriminated against a pregnant female and terminated her as a result of her pregnancy. Our client lost the trial and a $10,000 verdict was awarded. No appeal was taken.
Defending spice distribution company against claims that it owed money under a contract arising out the sale of spices. Our client did not prevail at trail. No appeal was taken.
Defending restaurant against claims that Plaintiff allegedly suffered permanent, non-operable, nerve damage to her left foot when an industrial cart rode over her foot. Our client won at trial.
Defending automobile manufacturer in product liability case involving claims of crashworthiness when Plaintiff’s driver drove off of the road, landed in a field, and suffered paraplegia. Our client prevailed at trial.
Defending wrongful death and personal injury claims filed by five individuals when a small blazer collided with a tree. Our client won at this trial and on appeal.  This case was listed in the National Law Journal as one of the Top 10 Defense Results of the Year.
Defending a real estate agent in a breach of contract and fraud claim brought by a real estate developer, our client filed a counterclaim. Our client prevailed on Plaintiff's claim and was awarded damages on his counterclaim.
Defending a national restaurant chain when one of its tractor trailers was involved in a collision on an interstate.  Our client won at trial.
Defending personal injury and death claims. The Defendant was intoxicated and he drove a stolen Lexus automobile in excess of 80 mph into an intersection on a red light. Our client lost at trial, but for less than the plaintiffs' demands.
Defending insurance company in bad faith and breach of contract lawsuit arising out of a fire which destroyed Plaintiff’s home. This case was settled confidentially at trial.
Defending major weaving machine manufacturer for injuries resulting to a third-party, independent contractor while working in a mill. This case was settled confidentially at trial.
Defending trucking company in 18-wheeler accident case resulting in blindness to a 28 year old MBA student. This case was settled confidentially at trial.
Defending restaurant franchisee in a product liability claim brought by a customer who ingested maggots in his sandwich. Our client lost at trial, and plaintiff was awarded $2,000.
Defending retail operation against claims of malicious prosecution and false arrest. Our client won at trial.
Defending automobile manufacturer in product liability crashworthiness case involving a rollover accident, resulting in quadriplegia to the belted occupant. Our client won at trial.
Defending LP gas distributor in a gas explosion and fire case resulting in property damage and personal injuries. Our client won at trial.
Defending company against claims of racial discrimination in promotion. Our client won at trial and at the 11th Circuit.  The United States Supreme Court denied plaintiff's Petition for Certiorari.
Defending grocery store in claim that Plaintiff was electrically shocked while on the premises of the store resulting in permanent disability. Our client won at trial.
Defending company in a fraud lawsuit. Our client won at trial.
Plaintiff sued his former employer alleging claim of improper termination and retaliation based upon racial discrimination pursuant to Title VII. Our client received summary judgment at the trial court level. No appeal followed.
An African-American female former employee sued a sporting goods store claiming that she was passed over for promotion to assistant manager, and then terminated in retaliation for complaining about the denied promotion in violation of Title VII. Our client received summary judgment and the plaintiff did not appeal.
Breach of contract and negligent misrepresentation claim brought by individual against software company arising out of alleged compensation plan with independent contractor. We obtained removal to federal court after a second removal based on fraudulent joinder. This case was settled confidentially.
Bad faith action brought against vehicle insurer for failure to pay claim. At trial, our client won the bad faith case, but lost on Breach of contract.
Individual home seekers and fair housing organization brought racial steering suit against real estate brokers. Our client won at trial.
Non-Indian former employee brought Section 1981 race discrimination suit against Intertribal Council and two of its board members. Our client received summary judgment in its favor.
Wrongful death claim arising out of automobile accident involving allegedly defective tires. This case was settled confidentially.
Former employee, an African-American who had lost sight in one eye, brought disability and race discrimination suite under Title VII and The Americans with Disabilities Act (ADA) against non-profit corporation chartered by the United States Congress and her former employer, a local chapter of that national organization. Our client prevailed on summary judgment.
Representing retailers in purported class action alleging that retailers charged sales taxes on total price of beer, wine, and tobacco products, including excise taxes that had been incorporated into price. This case was ultimately settled for all three of our clients by assisting plaintiffs with a refund from the state.
Representing restaurant chain in claim brought by patron that he was served a glass of bleach rather than water which caused numerous personal injuries and mental anguish. Our client lost at trial, but convinced the appellate court that the jury was fixed.  After a new trial was granted, the case was settled confidentially.
Representing automobile leasing company in defending claims of fraud, suppression, and civil conspiracy arising out of a lease transaction concerning an acquisition fee. Our client prevailed on summary judgment and on appeal.
Representation of trailer manufacturer in wrongful death suit and challenge to the constitutionality of venue rule.
Representing attorney in legal malpractice case involving the formation of a corporate entity and its resulting failure. Summary judgment was granted by the trial court. Plaintiff appealed, and the intermediate appellate court remanded a portion of the case for further proceedings. A second summary judgment motion was filed and granted in favor of our client. No further appeal was taken.
Insurer under life and health policy used to provide funding for employee benefits program sued insured employer, claiming breach of contract, under both Alabama state law and ERISA. Our client prevailed at trial.
Representing an architectural firm in action where plaintiff alleged her minor children were exposed to lead during their residency at a public housing project, resulting in mental retardation. This case was settled confidentially.
Plaintiffs brought a class action against various car rental companies alleging, inter alia, a conspiracy to violate the Alabama Insurance Code. The district court held that a private cause of action did not exist for the alleged violations of the code and the plaintiff failed to state a conspiracy claim. The case was dismissed.
This case arose out of an asbestos products claim when one of the defendants’ carriers became insolvent. The case addressed the liability for the insolvent liability insurer’s proportionate share of defense costs. This was a case of first impression. Unfortunately, our client did not prevail on appeal.
Representing Colt Mfg. in common-law trademark infringement matter involving an Alabama gun manufacturer, Autauga Arms. This case was settled confidentially.
Representing elevator company in wrongful death case in which plaintiff’s decedent fell over 13 floors to his death down an elevator shaft. This case settled for the cost of a first-class airline ticket, reimbursing plaintiff’s attorney for his flight to Texas.
Defense of restaurant chain in wrongful death action brought by father of deceased employee against the restaurant for the murder of his daughter while at work. Our client received a summary judgment at the trial court level, and won on appeal.
Representing trailer park owner in action brought against it for wrongful death of child in common swimming pool resulting in a decision by Alabama Supreme Court that landlord was not liable for death of child swimming in a pool with cloudy water. Although our client lost at trial, it prevailed on appeal.
A sign painter brought negligence & wantonness action against landowner for injuries sustained as result of an electrical shock he received while painting sign, resulting in an opinion by Alabama Supreme Court sustaining a defense verdict and holding the evidence on proximate cause was too speculative and that the landowner had no duty to warn painter of unknown dangers on his land. Our client won at trial and on appeal.
Representing dealership and product manufacturer in lawsuit involving a fire, resulting in a decision which prohibited recovery by plaintiffs because of the spoliation of evidence prior to suit being filed when the plaintiffs knew or should have known that the evidence should have been preserved for future litigation. Our client lost $20,000 at trial, but won on appeal.
Representing contractor in suit brought by second-tier subcontractor's employee who was injured when a 1400-pound window frame fell on the plaintiff. Our client prevailed at the trial court level and on appeal.
Representing regional gasoline jobber in a federal price-fixing antitrust class action seeking damages in excess of $27 million. Our client was the only one of the defendents to prevail after a six-week long trial.
Representation of major convenience store chain in suit brought by its life and health insurer claiming breach of contract under both Alabama state law and ERISA. Our client won at trial and on appeal to the 11th Circuit.  The US Supreme Court denied plaintiff's petition for Certiorari.
Representing contractor in a negligence action brought by an individual who was injured while crossing a construction site on her way to work. Our client prevailed at trial and on appeal.
In a case of first impression, we represented the Alabama Insurance Guaranty Association to determine whether it could offset recoveries on an uninsured motorist coverage against their claim on liability coverage brought against the Guaranty Association. The Supreme Court ruled against our client on appeal.
Former employees brought an action against employer, alleging sexual harassment in violation of Title VII and asserting the torts of outrage and invasion of privacy. Our client prevailed.
Representing tobacco manufacturer in a claim by a smoker for personal injuries allegdly sustained as a result of smoking cigarettes, resulting in a ruling that loose tobacco was not a "cigarette" for purposes of the Federal Cigarette Labeling and Advertising Act, and that the product was not "unreasonably dangerous" under the Alabama Extended Manufacturers Liability Doctrine so that recovery for failure to warn was barred. Our client prevailed.
This appeal arose from a two-car, multiple death accident involving the alleged failure of a Michelin tire. The appeal involved a dispute over where the case was to be tried. Under Alabama law, damages in wrongful death cases are exclusively punitive damages, so the amount at issue is essentially unlimited. Our client prevailed on petition for mandamus which resulted in the transfer of the case out of a dangerous venue.  The case was later settled for a confidential amount.
This appeal arose from a two-car, multiple death accident involving alleged failure of a Michelin tire. Michelin removed the case to federal court, where it defeated the Pplaintiff’s motion to remand the case back to state court. The Plaintiff obtained permission to appeal the order denying remand, and the Eleventh Circuit affirmed. The Eleventh Circuit’s decision in Roe is significant because it prevents plaintiffs’ counsel from avoiding federal jurisdiction by failing to demand a sum certain where it is “facially apparent” that the controversy exceeds the amount in controversy necessary for diversity jurisdiction.
Plaintiff sued his attorney (our client) for alleged malpractice in the attorney’s representation of Plaintiff in a divorce action, seeking close to a million dollars in out-of-pocket damages plus punitive damage. Plaintiff claims that he should have received more favorable treatment from the court and would have had it not been for our client’s alleged malpractice. We were able to get Plaintiff’s expert, an attorney, to testify that he could not state with the requisite degree of certainty that the result would have been different absent the alleged breach of the standard of care. Once Plaintiff’s expert was neutralized, our client was able to prevail.
We defended a store in a slander action when the stores employee accused a customer of removing a package from the store without paying for it. Although we were able to get summary judgment in favor of our client at the trial court level, the Alabama Supreme Court reversed and remanded, holding that the issue of whether the store employee’s statement was made with actual malice was for a jury. The case was later settled confidentially.
Barry McReynolds was an insurance adjuster for Zurich Insurance. McReynolds adjusted a large property claim in Bullock County. As a result of his work, the land owner sued McReynolds and Zurich Insurance for bad faith and breach of contract among other things. Jeff Luther represented McReynolds in the underlying case. An excess verdict in the amount of several million was rendered against McReynolds. McReynolds then sued Luther for malpractice in not settling the case within the policy limits. We were able to get summary judgment for Luther and no appeal was taken.