Effective litigators don't just know the law. They know the courts. It's the fundamental philosophy that has guided this firm since day one.
With offices strategically located throughout Alabama and the I-10 Gulf Coast corridor from Gulfport, Mississippi to Tallahassee, Florida, and north to our Chattanooga, Tennessee office, Carr Allison offers the kind of confident legal representation that only comes from firsthand experience. We have accumulated decades of closely cultivated relationships at the local level, wherever our clients' interests lie.
Sean W. Martin, shareholder of the Chattanooga, Tennessee, office of Carr Allison, recently received two favorable decisions from a single lawsuit spanning two federal district courts in Georgia.
The saga began with the filing of two separate lawsuits arising out of the same tractor trailer accident in the Superior Court of Muscogee County, Georgia. One case was filed against the trucking company and its driver, while the other was filed against the insurer for the trucking company named in the first suit. Georgia law permits direct actions against insurers in cases involving tractor trailers. Both cases were removed to Federal Court for the Middle District of Georgia.
In the case against the trucking company and its driver, Mr. Martin moved to transfer to Alabama, the more appropriate venue. Upon receipt of the motion, plaintiffs voluntarily dismissed the case. In the second suit, Mr. Martin filed a motion to dismiss because Alabama substantive law, which governs the case, does not permit direct actions against insurance companies.
While vigorously defending Mr. Martin’s motion to dismiss, plaintiffs chose to refile the suit against the trucking company and its driver in the State Court of Gwinnett County, Georgia. Mr. Martin immediately removed that case to the Northern District of Georgia and filed a motion to transfer venue to Alabama.
The motion to transfer was granted first and soon thereafter the motion to dismiss was granted.
Judson Wells, Sr., a Carr Allison shareholder and a retired Mobile County District Judge, was appointed in early 2015 by Chairman Judge Charles Graddick to serve as Secretary of the Mobile County Judicial Commission. Wells was elected in 2013 by the members of the Mobile Bar Association to serve a six year term, 2013-2019, on the Mobile County Judicial Commission. Wells is a resident of Mobile, where he has lived since 1987.
When a vacancy occurs on the Mobile County Circuit or District bench due to the retirement or death of a judge during his or her term of office, the Mobile County Judicial Commission accepts applications from attorneys in good standing who are Mobile County residents. The Commission then nominates the top three candidates and submits those names to the Governor, who then appoints the judge from the three candidates. The Commission has been very productive thus far in 2015, selecting the top three candidates for a Circuit Court vacancy and a District Court vacancy.
Wells stated: "It is a great honor to serve the people of Mobile County and the members of the Mobile Bar Association by serving on the Mobile County Judicial Commission. I greatly appreciate Chairman and Presiding Judge Graddick’s appointment of me as Secretary of the Commission. I will continue to work hard with my fellow Commission members to ensure that whenever a judicial vacancy arises, the Commission will submit the best qualified candidates to the Governor."
Carr Allison is pleased to announce that 12 attorneys were recently listed to 2016 Best Lawyers in America for their excellence in Appellate Practice, Insurance Law, Personal Injury Litigation and Worker’s Compensation. Included are: Russell Q. Allison (Insurance Law), Charles F. Carr (Personal Injury Litigation and Workers’ Compensation), Joseph H. Driver (Appellate Practice and Workers’ Compensation), Glenn E. Ireland (Insurance Law), Donald B. Kirkpatrick, II (Workers’ Compensation), David L. McAlister (Insurance Law, Personal Injury Litigation and Workers’ Compensation), Thomas L. Oliver, II (Workers’ Compensation), Thomas S. Thornton, III (Workers’ Compensation), Jeremy N. Trousdale (Insurance Law and Workers’ Compensation) in the Birmingham office. Best Lawyers also recognized D. Gregory Dunagan (Workers’ Compensation), Tara W. Lockett (Workers’ Compensation) and William H. Sisson (Workers’ Compensation) from our Mobile office.
Attorneys are selected to Best Lawyers using a process of review surveys completed by peers in their practice areas and geographical regions. For nearly three decades, Best Lawyers has been regarded as the premier guide to legal excellence in the United States.