Retail and Hospitality Team Obtains Defense Verdict

Shareholder Glenn E. Ireland and Associate Angel A. Darmer recently obtained a defense verdict for a regional fast food chain in a jury trial held in the Circuit Court of Jefferson County, Alabama. Plaintiff’s Complaint alleged claims of Assault and Battery, Negligent Supervision, and the Tort of Outrage against the […]

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Retail and Hospitality Team Prevails

Shareholders Glenn E. Ireland, Joe Driver and Virginia Gambacurta recently obtained a ruling from the Alabama Supreme Court granting their Petition for Writ of Mandamus and directing the circuit court to dismiss Plaintiff’s Complaint, thereby disposing of all claims against their client, a national pharmacy chain. On August 26, 2015, […]

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Department of Labor Releases New Overtime Rule

More Than 4 Million Employees Newly Eligible for Overtime Pay – The Fair Labor Standards Act requires employers to pay overtime rates to many employees working more than 40 hours in a work week. The FLSA exempts certain positions from overtime rates for employees in executive, administrative and professional positions […]

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Daubert Attack On Opposing Medical Causation Experts

Introduction To prevail in a personal injury case, an essential element the Plaintiff must prove is causation. That is, the Plaintiff must prove the subject accident or incident actually caused the Plaintiff’s injury and damages. Plaintiffs typically seek to establish this element through the testimony of one or more post-accident […]

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Win for the Defense!

Hugh Harris recently secured a win in the District Court of Montgomery County, Alabama, on behalf of a hotel client sued in a slip and fall action.  Hugh filed a motion for summary judgment, arguing that the Plaintiff’s claims were time-barred under the applicable statute of limitations found in Alabama […]

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Taylor and Miller Achieve Summary Judgment

Jeremy Taylor and J. C. Miller, attorneys in our Mobile office, successfully obtained Summary Judgment on behalf of a safety consulting firm in a case involving a severed limb at a lumber processing facility. The lawsuit named numerous Defendants and was filed in a jurisdiction infamous for large Plaintiff’s verdicts.

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Saving Statute Not Always Precluded by Tolling Agreements

Circle C Construction, LLC v. D. Sean Nilsen Et Al., (Tenn. Mar. 7, 2016) The Tennessee Supreme Court sent a clear warning in Circle C. Construction, LLC v. D. Sean Nilsen; craft tolling agreements with clear intentions and even clearer language. The Court decided that absent specific language in a […]

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Taylor Successfully Defeats Motion to Dismiss

Shareholder Jeremy Taylor, in our Mobile office, successfully defeated a Motion to Dismiss filed as a result of a counterclaim. In the case, an injured railroad worker who was a passenger in a pay-for-hire transport vehicle became involved in an accident with a commercial motor carrier, who came to be […]

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News

Miller and Muhonen Obtain Dismissal

Chancey Miller and Stephen Muhonen of our Chattanooga (TN) office succeeded in obtaining the dismissal of a significant security case for a retail client. In a case where a convenience store employee was assaulted while confronting a shoplifter, allegations were that the retailer failed to provide proper security which was an […]

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Sausaman Prevails on a Motion for Summary Judgment

Alison H. Sausaman of our Jacksonville (FL) office prevailed on a motion for summary judgment in federal court on behalf of a national convenience store chain. The court agreed that rain on an asphalt parking lot was not a dangerous condition and granted final judgment in our client’s favor.

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Baggett and Ingram Prevail on a Motion for Judgment

Evan Baggett and Josh Ingram of our Birmingham (AL) office recently prevailed on a motion for judgment on the pleadings in a complex tort case. After extensive briefing and oral arguments, the court granted their motion and dismissed all the plaintiff’s claims with prejudice.

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