Select Matters
- Nuclear power plant litigation: Headed the firm’s litigation team representing Georgia Power Company and the other owners of the first new nuclear generating units licensed in the United States in several decades. The case against the vendor and general contractor involved numerous complex nuclear licensing, engineering, and construction issues, and was settled favorably to the owners after extensive discovery. (Georgia Power Co. v. Westinghouse Electric Co., No. 1:12-CV-00167 (S.D. Ga.) (2016))
- Natural gas royalties litigation: Represented Exxon Mobil Corporation on fraud and breach of contract claims involving alleged underpayment of natural gas royalties to the state of Alabama. Multi-year litigation involving two trials and subsequent appeals eventually resulted in reversal of the fraud verdict and all punitive damages, along with part of contract damages. (Exxon Mobil Corp. v. Ala. Dept. of Conservation & Nat. Resources, 986 So. 2d 1093 (Ala. 2007))
- Hospital certificate of need litigation: Temporarily joined the firm’s healthcare team to prepare and try the longest, most complex certificate of need case in Alabama’s history; and to successfully defend the administrative agency victory through trial and appellate court review. Over the determined opposition of other major Birmingham hospitals, the firm’s client was ultimately authorized to relocate and to construct a new state-of-the-art medical center in a prime location. (Brookwood Health Services, Inc. v. Affinity Hospital LLC, 85 So. 3d 1033 (Ala. Civ. App. 2011), cert. denied, 129 So. 3d 1033 (Ala. 2013))
- Fraudulent biofuels litigation: Represented defrauded investor in federal lawsuit against the “inventor” of a purported process to convert cellulosic matter to diesel fuel and a competing Silicon Valley investor. The case resulted in a federal court jury verdict for the client-investor and the eventual recovery of substantial damages against the bogus inventor. (Parsons & Whittlemore Enterprises Corp. v. Cello Energy, No. 1:07-CV-00743 (S.D. Ala.) (2009))
- Antitrust litigation: Represented Auburn University against class action claims that its mandatory student dining plan violated state antitrust and constitutional laws. The case was successfully defended on state action immunity grounds and affirmed on appeal. (Vandenberg v. Aramark Educational Services, Inc., 81 So. 3d 326 (Ala. 2011))
- Higher education matters: Representation for 30 plus years of a major public university, as primary outside counsel, on a wide range of matters including business, employment, constitutional and other governmental litigation. (Ongoing)
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Credentials
- The University of Alabama School of Law, J.D., 1976
- The University of Alabama, B.A., 1973
- U.S. Supreme Court
- U.S. Court of Appeals, Eleventh Circuit, 1981
- U.S. District Court, Southern District of Alabama, 1978
- U.S. District Court, Middle District of Alabama, 1977
- U.S. Court of Appeals, Fifth Circuit, 1976
- U.S. District Court, Northern District of Alabama, 1976
- Alabama, 1976
- Defense Research Institute
- Alabama Defense Lawyers Association
- International Academy of Trial Lawyers
- American Bar Foundation Fellows
- Alabama Law Foundation Fellows
- Alabama State Bar, Former Vice-President
- Alabama Law Foundation, Former President
- National Conference of Bar Examiners, Former Chair
- Multistate Bar Examination Committee, Former Chair
- Alabama Board of Bar Examiners, Former Chair
- State Bar Disciplinary Commission, Former Chair
- Board of Bar Commissioners, Former Member
- Middle District of Alabama History Committee, Chair
- Alabama Supreme Court Committee on Rules of Civil Procedure, emeritus member
- William D. Scruggs Service to the Bar Award
- Alabama State Bar Award of Merit
- Chambers USA, Litigation: General Commercial
- The Best Lawyers in America®, Appellate Practice, Bet-the-Company Litigation, Commercial Litigation, Education Law
- Mid-South Super Lawyers, 2008 - present
- U.S. District Court, Northern District of Alabama, Honorable Sam C. Pointer, Jr.