Phil Carroll has represented clients in trial court and appellate litigation for over 30 years. His practice involves the representation of businesses in a broad range of litigation in state and federal courts and in arbitration. Phil has represented clients in matters ranging from the defense of product liability actions, the defense of legal malpractice claims, financial services litigation, natural resources litigation, professional liability claims, contract and warranty claims and in state and local tax litigation. He joined the firm in 1988 following his Eleventh Circuit clerkship, and has been fortunate enough to have practiced with and learned from a number of outstanding trail lawyers.
American Bar Foundation, Fellow Listed in The Best Lawyers in America® "Lawyer of the Year," Birmingham, Energy Law, 2019 Energy Law, 2018-2022 Commercial Litigation, 2010-2022 Personal Injury Litigation – Defendants, 2009-2022 Listed in Mid-South Super Lawyers, General Litigation, 2016-2018 Listed in Alabama Super Lawyers, General Litigation, 2012-2015 Energen Corporation v. Corvex Management LP, CV-2017-000335, Circuit Court of Jefferson County, Alabama (appeal to Alabama Supreme Court dismissed Mar. 8, 2018) Represented corporation in action for injunctive and declaratory relief against activist shareholder. Trial court granted permanent injunctive and declaratory relief sought by client. City of Birmingham v. Elbow River Marketing Limited Partnership, Case No. 1160678 (Ala. Dec. 8, 2017) Affirmance without opinion of judgment obtained at trial invalidating substantial assessment of business license tax against Canadian company. Alabama Dept. of Revenue v. American Equity Investment Life Ins. Co., 169 So.3d 1069 (Ala. Civ. App. 2015) Affirming trial court’s judgment overturning substantial tax assessments of additional Alabama business privilege tax, interest and penalties. Wilson v. Recreational Water Products, Inc., 2014 WL 223062 (N.D. Ala. 2014) Obtained summary judgment for product manufacturer defendants in product liability action. Jim Walter Resources, Inc. v. Riles, 920 So2d 1093 (Ala. Civ. App. 2004) Reversing jury verdict in retaliatory discharge case and holding that the trial court should have granted the defendant’s motion for judgment as a matter of law. Ex parte Walter Industries, Inc., 879 So.2d 547 (Ala. 2003) Granting petition for writ of mandamus and ordering the transfer of wrongful death cases arising out of a mine explosion. State of Alabama Department of Revenue v. Hoover, Inc., 993 So.2d 889 (Ala. Civ. App. 2007) Affirming summary judgment in favor of taxpayer client in case involving Commerce Clause issues. De-Gas v. Loews Corporation et al., CV-07-900385, Circuit Court of Tuscaloosa County, Alabama Represented plaintiffs in dispute over right of first refusal in a mineral lease. Davant v. United Land Corp., 896 So.2d 475 (Ala. 2004) Affirming summary judgment for defendant client in dispute over coal royalties. Pitts v. Beasley, 706 So.2d 711 (Ala. 1997) Affirming summary judgment for defendants in a burn case arising out of a mine ignition. Massey v. Congress Life Insurance Co., 116 F.3d 1414 (11th Cir. 1997) Reversing judgment for the plaintiff in an insurance dispute involving claims of breach of contract, fraud and bad faith; judgment was ultimately rendered for the defendant. State of Alabama v. Motiva Enterprises LLC, CV 2009-900959 (Jefferson Co. Cir. Ct. Jan 30. 2013) Upheld Alabama Department of Revenue Administrative Law Division ruling voiding an assessment of wholesale oil license tax (WOLF) on a distributor where ADOR attempted to impose new record-keeping requirements retroactively. Polar-BEK Company, et al. v. Alex D. Baker, et al., CV-01-477, Circuit Court of Shelby County, Alabama Obtained mid-seven figure jury verdict in breach of contract dispute; case subsequently settled.
