Auto Body Antitrust Litigation
Defended two separate property and casualty insurance groups in multidistrict antitrust litigation brought by hundreds of different automobile body shops against every major automobile insurer in approximately 20 different states.
Infant Formula Antitrust Litigation
This controversy involving alleged price-fixing by infant formula manufacturers resulted in three putative statewide class actions in Alabama state court. The courts in the first two cases denied class certification after extensive briefing and evidentiary hearings; the court in the third case voluntarily dismissed the action with prejudice prior to reaching the class certification issue.
Teledentistry Antitrust Litigation
Represent a provider of clear aligner therapy in its antitrust suit against the Alabama Dental Board over the board’s efforts to attack our client’s methodology for providing clear aligner therapy through a teledentistry platform. We successfully obtained a TRO against the board. The litigation continues.
Brand Name Prescription Drug Antitrust Litigation
Litigation centered in multidistrict proceedings in the U.S. District Court for the Northern District of Illinois. In addition to a nationwide class action there, the litigation included thousands of individual Robinson-Patman claims, and putative statewide class actions in nearly a dozen states. The litigation resulted in the first denial anywhere in the nation of certification of a consumer class in this controversy. The litigation also resulted in an opinion from the Alabama Supreme Court holding that the Alabama indirect purchaser statute does not apply to alleged interstate conspiracies in restraint of trade.
Distributing
After a 17-day jury trial, the firm obtained a jury verdict and final judgment in favor of a beer distributor in a federal antitrust case brought by a convenience store chain alleging monopolization, attempted monopolization, price discrimination, and state law torts.
Many bankruptcy courts are perfectly willing to entertain adversary proceeding class actions for alleged misconduct in bankruptcy filings, improper communications with bankruptcy debtors, proof of claim defects, improper escrow practices, and the like. Further, class actions are not infrequently filed in federal district court alleging various kinds of violations of bankruptcy discharge injunctions or other alleged wrongs directed at discharged debtors. Members of the Class Action and Complex Litigation team, often alongside practitioners in our Bankruptcy Practice Group, have defended and are defending both types of class actions. We have lead counsel experience in such cases in Ohio, Florida, Alabama, Mississippi, and elsewhere.
The firm also has extensive experience in litigating complex, non-class disputes in bankruptcy court, as well as insolvency-related litigation outside the bankruptcy context. Class Action and Complex Litigation team members, for example, represented the firm’s clients in litigating contested claims as part of Jefferson County, Alabama’s bankruptcy (at the time, the largest Chapter 9 bankruptcy in U.S. history), and in obtaining and working to collect a $2.9 billion dollar final judgment entered against HealthSouth Corporation’s former CEO, arising out of his perpetration of a massive accounting fraud against the company during his tenure as its CEO.
Unconstitutional Confinement Litigation
Defended a state corrections agency and its private healthcare provider against prisoner claims of unconstitutional conditions of confinement. The case was tried for six weeks, and the firm served as lead trial counsel on all claims of inadequate medical and mental healthcare. A decision from the federal district court is forthcoming.
Red-Light Camera Constitutional Challenges
Defending two municipalities in class actions challenging the constitutionality of local acts providing for red-light enforcement via the issuance of civil citations at camera-monitored intersections. The lawsuits each seek a declaratory judgment finding the acts unconstitutional, and the recovery of all civil fines collected by the municipalities. The firm obtained an order of dismissal in one of the cases, currently on appeal to the Alabama Supreme Court, based on absence of justiciable controversy for plaintiffs’ failure to exhaust available statutory procedures to challenge their citations. The second case is also on appeal to the Alabama Supreme Court on a permissive appeal on the merits.
Voting Rights Class Action
Successfully secured dismissal of a class action seeking $100 million in civil damages for alleged voting fraud.
Neglect
Successfully represented a class of abused and neglected children in a case challenging the constitutionality of Mississippi’s foster care program.
Section 1983 Class Actions
The firm has defended numerous class actions involving alleged Section 1983 claims, including class actions involving claims such as racial discrimination in the pricing of insurance, wrongful seizures by quasi-governmental actors, and discrimination based on national origin in underwriting.
Unfair Competition
Served as lead counsel for plaintiff in this nearly two-week jury trial of unfair competition, intentional interference, and fraud claims. The firm obtained a jury verdict for the client on all counts.
Tortious Interference
Obtained a jury verdict and awards of attorney’s fees totaling nearly $19 million, including $16 million in punitive damages, for healthcare client SpecialtyCare IOM Services, LLC, on its business tort claims against Medsurant, a competitor provider of intraoperative neuromonitoring (IOM) services.
Trade Secret Misappropriation
Represented a designer and manufacturer of space-ready antennae technology, alleging trade secret misappropriation by a former employer and a competitor. The case settled favorably during the hearing on plaintiff’s motion for preliminary injunction, with the entry of a consent injunction.
Trade Secret Misappropriation
Represented defendants and obtained summary judgment for the client in this computer-software case on a 22-count complaint alleging trade secret misappropriation, violations of confidentiality and non-compete agreements, and various state-law tort claims. The court also awarded our clients their attorneys’ fees. The case then settled on the eve of the trial of our clients’ counterclaims against the original plaintiff.
Copyright and Trademark Infringement
Successfully represented Grand Slam/Ovis on its claims of copyright and trademark infringement as well as intentional tortious interference with business and in defending against claims of tortious interference and breach of contract. After a two-week jury trial, the jury rendered verdicts for our client on all counts and awarded our client damages totaling $1.9 million. The court denied defendants’ numerous post-trial motions and entered a permanent injunction in favor of our client. Pursuant to a settlement agreement that avoided an appeal, the court entered a modified injunction and released $1.65 million to our client from defendants’ cash bond.
FACTA Class Actions
Defended numerous class actions alleging that businesses violated the federal Fair and Accurate Credit Transaction Act (FACTA) by failing to truncate customers’ credit numbers on purchase receipts, defeating class certification or settling favorably in each case.
Home Warranty Claims Practices Litigation
Extensive experience defending numerous class actions challenging home warranty claims handling practices. In one such case, class certification was denied; in several others, the class allegations were dropped, and individual settlements achieved. In another, we strategically settled on class basis over objection, upheld the settlement on appeal, and obtained an injunction against prosecution of a competing class action that was also upheld on appeal.
Fuel Surcharge Litigation
Defended several class actions attacking fuel surcharges added to customer’s bills. The attacks have been brought under various contractual, tort, and statutory grounds. In one, Albe Conte, author of the treatise Newberg on Class Actions, testified as an expert for plaintiffs at class certification, but class certification was still denied. Others have been won on the merits or settled favorably.
Mobile Home Consumer Fraud Class Actions
Defended 13 putative nationwide class actions, filed in various Alabama state courts, alleging misconduct in connection with financing and sale of mobile homes. No class was certified, and all the cases were dismissed with prejudice.
Electronic Communications Privacy Act and Computer Fraud and Abuse Act
Worked with colleagues at two other national firms to successfully defend a class action against a major cable internet service provider involving alleged violations of the Electronic Communications Privacy Act and Computer Fraud and Abuse Act using devices that allegedly developed targeted advertising through devices that monitor internet use by customers.
Electronic Fund Transfer Act and Regulation E
Defended numerous class actions seeking statutory damages and other relief against retail chains whose stores allegedly contain ATM machines without the notices required by federal law.
Unfair and Deceptive Trade Practices Act Class Actions
In the wake of the United States Supreme Court’s decision in Shady Grove Orthopedics, P.A. v. Allstate Insurance Company, claims under state Unfair and Deceptive Trade Practices Acts may be brought as class actions in federal court even if the state statute purports to bar class treatment. Bradley has defended numerous putative class actions asserting claims under state Deceptive Trade Practice statutes brought in federal court and has also defended state court deceptive trade practice act class actions in states that permit such claims, such as Florida and New Jersey.
Financing Class Actions
Defeated class certification or obtained dismissal in some and settled others favorably in numerous class actions alleging usury, predatory lending, or state statutory violations in consumer financing.
Construction Products and Practices Class Actions
Defended numerous builders and building products manufacturers in class actions around the country alleging defects construction methods, code violations, or building material defects.
Data Breach Litigation
Assist clients who are the victims of data breaches that affect their customers. In addition to assisting with these events’ pre-suit, we have defended the resulting litigation. For example, our Class Action and Complex Litigation team defended a gasoline and convenience store retailer in six consumer class actions in Alabama, Georgia and Tennessee, and two financial institution class actions, brought in wake of computer hacking and data breach incidents. Successfully invoked “first filed” doctrine, stayed four of the cases, obtained dismissal of a fifth, and favorably settled the last.
Call Recording Class Action
Won a Nevada call recording class action seeking tens of millions of dollars in statutory penalties under Nevada’s notorious call recording statute, which imposes a minimum of $1,000 in penalties per customer recorded without permission. With creative lawyering and meticulous research, we argued that the statute did not apply by its own terms to recordings made on equipment made outside Nevada, and that if it did, it would be an impermissible exportation of Nevada law to out-of-state conduct. The federal district court certified the question to the Nevada Supreme Court, which ruled unanimously that the law applies only to recordings made on equipment located in the state of Nevada. This ended a cottage industry of “gotcha” litigation against out-of-state companies under the Nevada statute.
Coal Dust Class Action
Defended a class action against a major coal producer alleging that coal dust and other airborne particulates are being wrongfully deposited on properties surrounding a coal processing plant. Class certification was avoided.
PCB Litigation
Represented a global chemical manufacturer in a class action brought on behalf of public-school systems nationwide, alleging negligence and wantonness in the sale of PCBs for use in fluorescent ballasts manufactured prior to 1979. Summary judgment was granted for our client. In other PCB litigation, we defended and ultimately negotiated a settlement in a mass action alleging exposure to PCBs in contaminated soil and water near a former chemical manufacturing plant.
Dioxin Discharge
Represented a paper company in a series of cases in which plaintiffs complained of the discharge of dioxins into a river system. The firm obtained summary judgments in favor of the paper company in the trial court and affirmances on appeal to the Supreme Court of Mississippi.
Gasoline Storage Tank Leak Litigation
Defended a nationwide putative class action against major oil companies alleging conspiracy involving leaking underground storage tanks. After summary judgment was granted on the conspiracy count, the remainder of the case was voluntarily dismissed.
Other Toxic Tort Litigation
Represent mining companies, steel companies, apparel manufacturers, and numerous others in toxic tort mass actions and class actions alleging pollution of lakes, groundwater, soil, and the air.
Lead Exposure
Won reversal of a $7 million judgment against a paint manufacturer in a case alleging exposure to lead paint. In reversing the judgment, the Supreme Court of Mississippi found that the plaintiff failed to prove that his alleged injury had been caused by the manufacturer’s lead paint, and that plaintiffs’ expert testimony was unreliable.
Alkali-Carbonate Reactivity (ACR)
In this "bet the company" litigation, we represented a quarry owner in approximately 350 lawsuits and as to another 150 claimants, in which the plaintiff residential and commercial building owners sought $55 million in damages. The plaintiffs argued the buildings’ concrete was failing due to alkali-carbonate reactivity (ACR) caused by our client's quarry rock. The firm defeated class action certification and crafted a defense strategy that challenged both the legal bases and factual premises of the plaintiffs' claims, leading to a settlement for a fraction of the claimed damages. Concurrently, we worked with the client's carriers to obtain coverage for most of the client's settlement contribution share.
Water War
In a case arising out of the long-running “water war” between Alabama, Georgia, and Florida, the firm successfully overturned the district court’s approval of a settlement agreement entered by the U.S. Army Corps of Engineers.
Defended class and mass actions involving a variety of ERISA claims, including claims pleaded as ERISA claims and claims pleaded as state law claims but successfully removed under ERISA. In one pre-CAFA mass action, the firm once simultaneously removed 100 individual fraud actions simultaneously filed in various state courts in Mississippi by a notorious plaintiffs’ firm, ultimately resulting in a global settlement of those and several hundred other individual cases for a nominal per case amount. In another case, the firm defended an ERISA plan fiduciary against breach of fiduciary duty charges in an ESOP transaction, ultimately achieving a settlement in which the firm’s client obtained a release without being required to contribute any out-of-pocket funds to the settlement. In still another, Bradley successfully represented QinetiQ North America in a class action brought by private employees injured while working on military bases overseas. The district court dismissed the class action as preempted by ERISA and the Defense Base Act. On appeal, the Third Circuit affirmed based on ERISA preemption.
We have defended class actions alleging false advertising with respect to a wide range of products -- orange juice, aspirin, nutritional bars, oil additives, dental rinse, microwave ovens and other consumer appliances, frozen dinners, baby food and many more products -- and in the process have defeated class certification, defeated MDL consolidation, and secured dismissals in numerous cases. We also know how to settle these kinds of cases when appropriate and have done so successfully.
Represent many healthcare providers in a variety of contexts and have done so in numerous class actions other complex cases. For example, we are currently defending a chain of nursing homes in a series of class actions in Florida alleging improper disclosure of ownership structure in the licensing process, inadequate care, and other claims. We also successfully defended a hospice provider in a government enforcement qui tam action alleging improper certification of patients for hospice care and False Claims Act violations. Other representative work in this industry includes:
Managed Care Litigation
Litigated payor-provider disputes on behalf of numerous healthcare provider clients. In one case, we fought a unilateral policy change from a national managed care payor and obtained a significant settlement of underpayments. Bradley is experienced in using statistical experts and methodologies to validate estimated damages over large volumes of Medicaid claim sets, as well as using trial graphics to illustrate and explain complex claims data.
Healthcare Software
Won a seven-figure settlement for a regional hospital system against a Fortune 500 software provider that failed to deliver a functional product for point-of-care data entry and billing processing.
Improper Billing
Pending putative nationwide class action alleges improper billing of insurance practices by a hospital chain.
Breach of Contract
Represented an orthopedic rehabilitation management company in a suit for specific performance and breach of contract arising out of agreement with doctor group containing noncompetition covenants. The case settled favorably prior to trial.
Cancer Insurance Litigation
Defended numerous class and mass actions involving cancer insurance for numerous insurance companies. In South Carolina, we successfully defeated class certification in a class action challenging systemic denial of certain types of cancer policy benefit claims. In Alabama, we successfully negotiated, defended and enforced a no-opt-out settlement of claims involving an alleged cancer policy exchange program, whereby older and allegedly richer cancer polices were replaced with newer, less benefit-rich policies. We ended 2,000 individual lawsuits with the settlement, over the objections of the plaintiffs in those cases.
“Vanishing Premium” and “Vanishing Insurance” Litigation
Defended dozens of nationwide class actions and mass actions alleging misleading sales illustrations, breach of contract, and wrongful sales practices in connection with universal life insurance policies, interest-sensitive policies, and adjustable life insurance policies. We defeated class certification in numerous cases, secured dismissal in others, and settled individually when it was economical to do so. We have also defended class and mass action claims by agents alleging that company sales practices harmed them. For example, we secured dismissal of such claims in Arkansas, and forced individual arbitration of such claims in Florida.
Long-Term Care Insurance Litigation
Defended various cases involving long term care insurance. In one, we obtained a dismissal of a nationwide class action in Illinois stemming from our client’s alleged failure to comply with provisions of its long-term care policies.
Insurance Premium Litigation
Defended many insurers over claims associated with premium rates and premium increases. For example, in a nationwide class action in Nevada, we obtained summary judgment against the named plaintiff, who had claim that our life insurance company client failed to provide proper notice to its policyholders prior to increasing premiums in certain life products. This defeated class certification as well. We have also defended class actions alleging premium unlawful discrimination based on race, travel and national origin, and cases alleging that premium increases were contrary to the terms of the policy or state regulations, and class actions seeking return of premiums for supposedly illusory coverage.
Life Insurance Policy Exchange Litigation
Settled multiple class and individual claims in Texas, Alabama, Tennessee, Pennsylvania, South Carolina and Virginia by entering into one nationwide class settlement that offered all class members the opportunity to switch back from their replacement policy to the original policy, with no monetary relief paid by our client. We successfully defended the settlement against numerous objections.
Medicare-related Insurance Litigation
Experience in numerous types of litigation involving the intersection of Medicare, Medicaid, and private insurance. For example, we have defended class and individual actions alleging that Medicare supplement policies, cancer insurance, and other types of policies were inappropriately sold to persons eligible for Medicare or Medicaid. And we are currently defending a class action brought against an automobile insurer for alleged violation of the Medicare Secondary Payer Act.
Forced Placed Collateral Protection Insurance
Defended numerous class and individual cases alleging improper kickbacks, failures to disclose, unlicensed sale of insurance, and other claims involving the force-placement of collateral protection insurance when a borrower or rental customer fails to obtain private insurance as required by a loan agreement or lease. In some, we defeated class certification or secured dismissals or summary judgment outright. In another, we negotiated a settlement funded exclusively by co-defendants.
Lienholder Endorsement Litigation
Successfully defended a fraud and breach of contract class actions against two automobile insurers, challenging their application of a lienholder endorsement and associated deductible payable by the insured for otherwise covered losses on leased automobiles. The trial court certified the class, but Bradley successfully appealed, obtaining an opinion that reversed the trial court’s class certification decision and effectively ended the case.
Diminished Value and Other Claims Practices Litigation
Defended class actions and other complex litigation involving claims practices under many types of life, health and property and casualty policies. For example, we have defended both auto and property and casualty insurers in class actions alleging diminished value as a covered loss in addition to the cost of repair. We have also defended class actions alleging improper calculation of benefits under life, health, casualty and disability policies.
Long-Term Care Policies
Within six months of filing, obtained a Rule 12(b)(6) dismissal of plaintiff's claims for violations of the Illinois Consumer Fraud and Deceptive Business Practice Act, unjust enrichment and breach of contract in a nationwide class action stemming from our client’s failure to comply with provisions of its long-term care policies.
Rental Car Lessees
In this putative class action, the Alabama Supreme Court held that the lessees of rental cars had no private right of action against the rental car company for unlicensed sale of insurance, exonerating the firm’s client.
Supplemental Health
This putative statewide nationwide class action contested the defendant supplemental health insurer’s construction of policy language as to claims payment. Class certification was denied based on intraclass conflicts, and the case was subsequently settled on an individual basis.
Defended labor and employment class actions of all kinds all around the country, including collective wage and hour and exemption actions brought under the FLSA, class and mass claims brought under Title VII and the Equal Pay Act, claims under the Americans With Disabilities Act, and claims under the Motor Carrier Act. The firm has also defended employers in various other employment-related class actions, including claims relating to retirement benefits and withholding of child support payments.
Mortgage Foreclosure Class Actions
Successfully defeated a series of class actions in Florida, New Jersey, Kentucky, Texas, Arkansas, Alabama, and elsewhere against a national mortgage servicer alleging false or “robo-signed” affidavits and related unlawful practices in the mortgage foreclosure process. Utilizing the Younger doctrine and in rem jurisdiction principles, they successfully secured dismissal of all these actions without our client having to produce a single document or sit for a single deposition.
Improper Mortgage Fee Class Actions
Routinely defend lenders and mortgage servicers sued in class actions alleging that late fees, inspection fees, speed pay fees, payoff statement fees, property preservation fees, fax fees and other fees were imposed in a manner or amount that violates the contract terms or state or federal law.
Real Estate Settlement Procedures Act (RESPA)
Routinely defend RESPA class actions and have obtained dismissals and defeated class certification for lenders, realtors, home warranty providers and mortgage servicers sued in RESPA class actions. We are currently defending a RESPA class action in Maryland and have defended them in numerous other states as well.
TILA, FDCPA, FCRA, SCRA and Other Federal Statutory Damages Litigation
Defense of class actions brought under the “alphabet soup” of federal statutes regulating lending and mortgage servicing is a regular staple of our diet. We have defended these class actions from New York to Florida to California, and most everywhere in between. We also regularly defend class actions brought under the state analogues of these statutes, as well as under the private attorney general statute in California (known as §17200).
Recording Fee Class Actions
Our Class Action and Complex Litigation team has defended and is currently defending several class actions alleging that mortgage lenders are unlawfully avoiding payment of recording fees on mortgage assignments through participation the so-called “MERS” system.
TCPA Class Actions
TCPA class actions are extremely dangerous because of the broad interpretation by courts of what constitutes an “autodialer,” the legal uncertainty around the meaning of “prior express consent,” and because there is no cap on statutory damage liability for violations. We regularly defend these class actions. We have successfully secured both dismissals and individual settlements.
Insurance-Related Mortgage Class Actions
Successfully defended class actions against mortgage lenders and servicers alleging improper practices relating to private mortgage insurance, force-placed hazard insurance, force-placed flood insurance, and other insurance-related disputes.
Bayer Corporation Litigations
Served in varying roles (including with national and international responsibilities) in a variety of litigation for Bayer Corporation, including those involving Bayer products PPA, Thimerosal, Traysol, and Yas/Yasmin. In the Thimerosal litigation, our attorneys obtained a string of dismissals around the country after prevailing on a novel preemption motion.
Opioid Litigation
Serving as national discovery counsel for national pharmacy CVS, in MDL litigation brought by municipalities and other governmental entities for alleged recoupment of losses brought about by the national opioid crisis.
Xarelto (Rivaroxaban) Product Liability Litigation
Defended U.S. and international pharmaceutical companies in multi-district litigation and other coordinated proceedings involving over 29,000 cases, alleging injury arising out of the use of a prescription anticoagulant medication. Our lawyers’ involvement included case coordination, briefing, case work-ups, preparation of company executives and witnesses for deposition and trial testimony, and written discovery. Defendants prevailed in all six cases tried to verdict, and all claims were ultimately favorably settled.
Merck Product Liability Litigations
Served as national co-counsel for Merck in hundreds of multidistrict and related state cases arising out of its Vioxx and Fosamax products.
Pfizer Product Liability Litigations
Represented the drug manufacturer in connection with multidistrict litigation relating to various of the company’s products, including hormone replacement therapy products, Rezulin, Neurontin, Reglin and Chantix.
Pharmacy Records Fee Class Actions
Defended a major national pharmacy in a class action alleging excessive charges for pharmacy records produced pursuant to subpoenas.
Product Warranty and Defects
Defended automobile, building product, consumer appliance, firearms, mobile home component, aftermarket accessory, breast implant and other manufacturers in class and mass actions alleging that products or their components were defective and warranties inadequate.
Genetically Modified Rice Litigation
Defended U.S. and international agricultural biotechnology and crop science companies in putative multi-state class action and individual state court actions brought by farmers, rice mills, and other entities arising out of the detection of trace amounts of genetically modified rice in the United States long-grain rice supply. Class certification was defeated before a favorable settlement.
Genetically Modified Corn Seed Litigation
Defended U.S. and international agricultural biotechnology and crop science companies in federal and state court class actions brought by farmers, grain handling facilities, ethanol plants, and other entities arising out of the marketing and sale of two varieties of genetically modified corn seed. These claims were settled on favorable terms.
Synthetic Stucco Litigation
Represented Dryvit Systems, Inc., the nation’s largest synthetic stucco manufacturer, throughout multiple states against claims sounding in products liability, fraud, negligence, and state consumer protection laws. This representation included defeat of certification of a putative class action, removal and transfer of numerous cases from Alabama state courts to North Carolina-based MDL, and coordination of discovery between MDL and state court matters. The firm obtained dismissal of all lawsuits brought by subsequent purchasers of Dryvit-clad residential structures based upon the doctrine of caveat emptor.
Asbestos Litigation
Successfully represented a disposable respirator manufacturer in an appeal of a $125 million jury verdict rendered in asbestos litigation. The Supreme Court of Mississippi reversed the judgment and dismissed the suit with prejudice.
Building Products
Served on a national class actions team for an international building products manufacturer, devising strategy for defending class action, mass tort, and MDL litigation in multiple federal and state jurisdictions. The firm obtained a favorable ruling whereby the client’s warranty was held to be conscionable as a matter of law, and dismissal of class action allegations was affirmed.
Tobacco Products
Defended a manufacturer of tobacco products in Baltimore City Circuit Court and Maryland appellate courts in cases involving allegations that plaintiffs’ use of cigarettes worked in synergy with exposure to asbestos products to cause lung cancer. We obtained dismissal of hundreds of identical cases at the trial court level, based upon improper joinder of our client with asbestos defendants, which dismissals were upheld on appeal.
Orthopedic Bone Screw Litigation
Successfully represented a major manufacturer of orthopedic spinal fusion instruments in state and federal court mass litigation.
Life Insurance
Represented the defendant life insurance company in a securities fraud and breach of contract suit involving the sale of a convertible debenture. After a six-day trial before a three-judge arbitration panel, the firm won a final award in favor of the life insurance company on all claims.
Privately Held Shareholders Litigation
Represented shareholders and directors in numerous cases involving shareholder disputes over control of privately held companies. As a recent example, we engineered the buy-out of a partner in a hedge fund by the remaining partner, avoiding a lawsuit that would have damaged business of the hedge fund.
Commercial Lending
Defended a bank and its officers and directors against breach of fiduciary duty, fraud, negligence and other claims associated with the bank’s commercial lending to a catfish farm. Our clients won summary judgment on six out of eight counts at the trial court level. On appeal, the Alabama Supreme Court affirmed the decisions in favor of our clients and reversed the trial court’s ruling on the remaining counts resulting in a complete victory for our clients.
Shareholder Derivative Litigation
Served as lead counsel for both plaintiffs and defendants in shareholder derivative and class action litigation. We recently served as lead counsel for plaintiffs in a shareholder derivative class action that resulted in one of the largest reported settlements in Alabama.
Nationwide Securities Fraud
Defended this nationwide securities fraud class action against broker, officers and directors. The case was favorably settled on class basis.
Shareholder Putative Class Action
In shareholder putative class action alleging that SouthTrust Directors breached their fiduciary duty by agreeing to the terms of sale of the institution to Wachovia Corporation, plaintiffs’ request for injunctive relief was denied and case thereafter dismissed.
Online Travel Company Hotel Occupancy Tax Litigation
Served as national counsel for a leading facilitator of the on-line travel company priceline.com in defense of numerous occupational tax cases (both class and non-class) and audits across the country. This role has included serving as lead trial and appellate counsel.
State and Local Sales Tax Litigation
Successfully defended numerous class actions alleging improper collection of sales tax on deliveries, out of state purchases, and the other transactions.
Premium Tax Discrimination Litigation
Litigated class claims of unlawful discrimination and commerce clause violations in state insurance premium tax structures.
Tax Exemption
In the case of Henson v. HealthSouth, a claim was made by an individual taxpayer to void a tax exemption awarded to HealthSouth in connection with the construction of a new "digital hospital," a claim with obvious existential implications for the hospital. After substantial discovery, the case was tried, and the court rendered a judgment in favor of HealthSouth, upholding the validity of the tax exemption.
Excess Revenues Litigation
Defending four electric cooperatives in class actions brought on behalf of members and former members seeking the cash payment of all unretired capital credits that have been allocated to members. Recently obtained an order of dismissal in one of the four cases, which is currently on appeal to the Alabama Supreme Court.