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Rusha C. Smith

Contact

P: 205.521.8010
F: 205.488.6010
Secretary:
P: 205.521.8548

Rusha C. Smith

Partner

Experience

Obtained a significant victory for the operator of the Concord Coal Preparation Plant by getting a final dismissal of a class action that had been pending since 1997 after an evidentiary hearing challenging the same.
Dismissal of benzene case for lack of prosecution.
RICO class action dismissal opinion in professional liability case.
Obtained summary judgment for orthopedic instrumentation manufacturer in product liability case.
Mandamus petition regarding concurrent cases, including class action, alleging coal dust contamination from coal processing plant.
Mandamus petition concerning compelling arbitration.
Affirmance of Federal Reserve Act’s jurisdictional statute giving Federal Reserve Bank the exclusive right to federal forum in all civil actions.
Property owners brought class action against defendants allegedly involved in operation of coal preparation plant, alleging that defendants violated federal and safety regulations to the degree that they had allowed dangerous quantities of highly explosive and highly flammable materials to accumulate within the plant. Case later dismissed.
Seminal Alabama case regarding enforceability of nonsolicitation agreements by employers.
Preemption opinion under Carmack Amendment.
Affirming summary judgment based on statute of repose for bank alleged to have cashed unauthorized checks.
Affirmance of jury verdict awarding indemnification arising out of transportation contract.