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Stewart M. Cox

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P: 205.521.8276
F: 205.488.6276
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P: 205.521.8424

Stewart M. Cox

Partner

Experience

Complete pre-emption under the National Bank Act is recognized in usury action where plaintiff contested removal from state to federal court.
Case of first impression under Federal Reserve Act involving reach of federal court jurisdiction over civil actions that include a Federal Reserve Bank as a party. Amicus brief filed also by Federal Reserve Bank of New York.
Adversary proceeding addressing debtor`s right to a jury trial on insurance bad faith and contract claims.
Court resolves additional insured status under vendors endorsement and approves use of loan receipt agreement to secure indemnity for liability on wrongful death judgment.
Preliminary injunction filed by vehicle manufacturer against supplier of hybrid battery technology.
Court sets aside injunction prohibiting Bank`s payment of international standby letter of credit.
Court upheld Bank`s right to compel arbitration in this class action challenging overdraft fee practices.
Case of first impression in Alabama resolving that checks with missing endorsements fall within scope of UCC 4-406(f) statute of repose.
Action challenging method and computation of points charged to consumer finance loan. Amicus briefs also filed.