Select Matters
- Riparian rights litigation: Successful defense of putative class action filed by lake-front property owners seeking damages, declaratory and injunctive relief relating to operations of federally licensed dam and reservoir. Summary judgment granted by trial court, affirmed on appeal. (2014, Otwell v. Alabama Power Co., 747 F. 3d 1275 (11th Cir.), affirming 944 F. Supp. 2d 1134 (N.D. Ala.)).
- Groundwater pollution and odor nuisance litigation: Successful defense of natural gas pipeline co-defendant in soil and groundwater pollution and nuisance litigation involving hundreds of plaintiffs resulting in dismissal of all claims against this defendant. (2013, In re Mercaptan Litigation, CV-2013-235 (Mobile County, Ala. Circuit Court), 123 So. 3d 499 (Ala.)).
- Corps of Engineers APA and NEPA litigation: Represented downstream riparian interests in federal administrative procedures act claims against Corps of Engineers relating to dam and reservoir operations in Georgia, Alabama, and Florida. (2011, In re Tri-State Water Rights Litigation, 644 F. 3d 1160 (11th Cir.), reversing 639 F. Supp. 2d 1308 (M.D. Fla.)).
- Flood control litigation: Successful defense of tort claims for flood damage filed by downstream farmers against operator of upstream dam and reservoir. Summary judgment for defendant affirmed on appeal. ( 2009, Bryan v. Alabama Power Co., 20 So. 3d 108 (Ala.)).
- Environmental Permit Defense: Intervened for real estate developer in support of permit issued by Corps of Engineers relating to development of large shopping center in coastal area, claims of environmental groups challenging permit denied. (2007, D'Olive Bay Restoration and Preservation Committee, Inc. v. United States Army Corps of Engineers, 513 F. Supp. 2d 1261 (S. D. Ala.)).
- Business torts and RICO litigation: Successful defense of civil RICO and fraud claims involving business transactions. (2007, AeroPower, Ltd. v. Matherly, 511 F. Supp. 2d 1139 (M.D. Ala.)).
- Quarry litigation: Successful defense of environmental nuisance (groundwater depletion, sinkholes, noise, dust, and blasting damage) claims filed by numerous plaintiffs against involving quarry operations. ( 2006, Davis v. Hanson Aggregates Southeast, 952 So. 2d 330 (Ala.)).
- Lender Liability Litigation: Representation of commercial bank as defendant and counterclaim plaintiff in multi-million dollar lender liability and collection action, resolved by favorable settlement. (2012, Kitchens v Regions Bank, CV-2011-643 (Montgomery County, Ala. Circuit Court)).
Case Studies
News
Credentials
Education
- The University of Alabama School of Law, J.D., 1979
- The University of Alabama, B.S., 1976
Bar Admissions
- Alabama, 1979
Professional Affiliations
- Alabama State Bar, Board of Bar Examiners
- Alabama State Court Mediator
- Kiwanis Club of Montgomery, Board of Directors
Awards & Accolades
- The Best Lawyers in America®, Commercial Litigation, Environmental Law, Insurance Law, Litigation – Environmental, Litigation – Real Estate, 2007 – present
- Lawyer of the Year, Montgomery, Litigation – Environmental, 2013, 2021 & 2024
Community Involvement
- Trinity Presbyterian Church, Elder
- Trinity Presbyterian School, Board of Trustees, Chair
- Harbor Homeowners Association, Treasurer