Select Matters
- Trial Victory in Nuisance Case: Part of a team of Balch attorneys that successfully defended nuisance and trespass claims filed by 11 plaintiffs in a residential subdivision against a neighboring industrial operation. Plaintiffs alleged that noise and dust allegedly emanating from the industrial operations materially affected their property values along with the use and enjoyment of their properties. Plaintiffs asked for over $5 Million in damages from the jury, but the jury returned a defense verdict. (2023)
- Electrical Contact/Wrongful Death Litigation: Currently defending multiple actions in various jurisdictions arising out of plaintiffs alleging property damage, injuries and/or death arising out of contact with overhead power lines. (Current)
- AMI: Represent multiple electric utilities in all legal issues (contracting, regulatory and liability) related to the installation and maintenance of AMI meter systems. (Current)
- Trial and Appellate Victory in Real Property Lawsuit: Led a two-lawyer Balch team that obtained a complete defense verdict in a multi-day trial concerning the ownership and use of an alleged easement over neighboring land parcels. The Balch team obtained a judgment as a matter of law on three of plaintiff’s claims following the close of plaintiff’s case. At the conclusion of Balch’s defense case, the Court rejected the plaintiff’s final claim for a prescriptive easement. The verdict was affirmed on appeal. (2019-2020)
- Toxic Exposure Litigation: Led a team of Balch trial attorneys in successfully defending an international manufacturer during a twelve day jury trial in Alabama state court. The plaintiff alleged multiple catastrophic injuries after working as a contractor at the client's facility. Plaintiff had incurred more than $3 Million in medical expenses by trial, and plaintiff’s experts projected that it would cost over $7 Million for future care. Plaintiff's counsel asked the jury for $25 million, but the jury returned a verdict for the defense. The Alabama Supreme Court affirmed the verdict on appeal. (May 2017)
- Joint Use/Pole Attachments: Represents numerous electric utilities in contract negotiations, contract disputes and litigation at the state and federal levels. For example, represented several statewide cooperative organizations and many investor owned utilities in (1) negotiations for uniform pole attachment agreements, and (2) in efforts to collect millions of dollars owed by various attachers. (Current)
- Nuclear Plant Construction Litigation: Member of Balch team representing electric utility owners of the first new nuclear plant construction in 30 years related to various contractual disputes with construction consortium.
- Declaratory Judgment Action Regarding Reactive Power Charges in Power Purchase Agreement: Counterparty to a multi-year PPA demanded tens of million dollars annually in extra-contractual payments for reactive power. Successfully prosecuted a declaratory judgment action by, in less than 10 months, defeating the defendant’s numerous procedural challenges (including removal to federal court and subsequent remand) and successfully obtaining summary judgment. Defendant/PPA counterparty did not appeal and dropped demands for extra payments. (2013)
- Communications M&A: Represented investment group in asset purchase acquisition of telecommunication company. (2017)
Case Studies
Publications
News
Credentials
Education
- The University of Alabama School of Law, J.D., 2000
- The University of Alabama, B.A., Communications, 1997
Bar Admissions
- Alabama, 2000
Professional Affiliations
- Alabama Defense Lawyers Association, Past President 2017-2018, President, 2016-2017, President-Elect 2015-2016, Secretary-Treasurer 2014-2015, Board of Directors 2012- Present
- DRI - Lawyers Representing Business, Southeast Region Director 2020-2023, Alabama State Representative, 2017- Present
- Birmingham Bar Association -- Grievance Committee 2015-Present
- Energy Bar Association
Awards & Accolades
- The Best Lawyers in America®,Commercial Litigation, 2013 - Present
- Chambers USA, Litigation: General Commercial, Alabama
- Mid-South Super Lawyers