Huie partner Stewart McCloud obtained a defense verdict on behalf of a national cablevision carrier client and its driver. The case was tried in the District Court of Mobile County, Alabama. The lawsuit stemmed from an automobile accident where the plaintiff alleged that the cablevision carrier’s employee negligently operated his vehicle in causing the accident.…
Jim Shaw and Bart Cannon were successful in their petition for writ of mandamus to the Alabama Court of Civil Appeals. A summary of the featured case, Ex parte Thompson Tractor Company, Inc. , is provided below. In May of 2011, Ray Franklin (“the employee”) and Donna Franklin (“the widow”) jointly filed a complaint against Thompson Tractor…
We are pleased to announce that Stewart McCloud, Bart Cannon and Margaret “Megan” Jones have been named new partners at Huie. “Stewart, Bart and Megan joined the Firm as associates and throughout their years of service have made significant contributions to the Firm,” said John Herndon, Office Managing Partner. “Being asked to join our distinguished group…
Huie attorney Stewart McCloud recently obtained summary judgment in Jefferson County on behalf of three separate homeowners. The lawsuit involved the alleged increase in surface water draining on to the plaintiff’s downhill property. Mr. McCloud represented three families who purchased newly constructed ‘spec’ houses in Mountain Brook, Alabama. The lawsuit alleged that the plaintiffs began…
On November 2, 2016, attorney Bart Cannon secured a defense verdict on behalf of an outdoor retailer in case involving a fall that occurred on the retailer’s premises. The plaintiff filed suit against the retailer alleging that she tripped and fell as a result of a dangerous and hidden condition on the retailer’s premises. At trial,…
We’re proud to introduce you to Partner Stewart McCloud. Since joining the firm in 2007, Stewart has concentrated his practice in the areas of insurance coverage and defense litigation, professional liability, asbestos and toxic tort litigation, trucking litigation and product liability. He routinely handles professional malpractice claims against lawyers and law firms as well as…
We’re proud to introduce you to Partner John Isaac Southerland. Since joining the firm in 2004, John Isaac has developed specialties in automotive and manufacturing discovery practice and procedure, general product liability defense, personal injury defense, automotive product liability defense, heavy equipment product liability defense, trucking defense, insurance defense and towing and recovery liability. John…
For health care providers, COVID-19 ushered in concern: Concern about the well-being of patients; concern about the safety of frontline health workers; and concern about health care providers’ exposure to Covid-related lawsuits. To calm medical providers’ fears about the threat of civil liability for the care provided during the pandemic, Alabama passed the Alabama COVID-19…
Nationally, the Federal Trade Commission (FTC) is engaging in rulemaking which could potentially prohibit non-compete agreements (NCAs) between employers and employees[1]. A non-compete agreement is a legal agreement or clause in a contract specifying that an employee is prohibited from entering into competition with their employer following the employee’s separation. These agreements may also forbid…
Although recent data supports that they are decreasing in frequency across all sectors, work related incidents resulting in employee injuries and fatalities are unavoidable in the construction industry. Even though the industry has done, and continues to do, a much better job focusing on worker safety, the reality is due to the nature of the…
Huie provides insight into recent case law related to significant 2018 Alabama appellate court insurance law decisions. Relatively few insurance-related decisions were released in 2018. However, the focus of the decisions included in this summary is on underinsured motorist and negligent procurement claims. Specifically, we examine the following issues and their relevant case law: UIM Subrogation Claim…
Huie is a member of ALFA International, the premier network of independent law firms. ALFA International’s Construction Law Practice Group recently prepared a 2020 Compendium, which is a state-by-state resource on important construction law issues. Huie partners Jimmy Brady, Bart Cannon and Brent Almond authored the section for Alabama. The Compendium provides a synopsis of…
“Stop the Madness: Making Reasonable Amendments to Rule 30(b)(6) Once and for All” American Journal of Trial Advocacy Spring 2019 Volume 42, Number 2 By: Greg Schuck John Isaac Southerland Will Thompson OVERVIEW Since its inception, Rule 30(b)(6) of the Federal Rules of Civil Procedure has become a widely used discovery device whereby…
Title: “The ABCs and 123s of the Alabama Data Breach Notification Act of 2018: Will Your Company Be Compliance Ready by June 1, 2018?” Authors: Daniel Fortune, Jeremy Gaddy and Bart Cannon; Alabama Construction News, April-June 2018 Governor Ivey recently signed the Alabama Data Breach Notification Act of 2018 into law. The Act, which went into effect…
Author: Tom Bazemore Title: “Picking Up the Tab When You Weren’t Invited to Dinner: An Insured’s Effort to Collect a Consent Judgment to the Surprise of the Insurer” FDCC Insights: A Journal for Defense and Corporate Counsel, June 2017 The obligation of an insurer to defend an insured is universally recognized as broader than an insurer’s obligation…
“Where will suit be filed? Personal jurisdiction considerations when engaging in joint development of autonomous vehicle technology” By: John Isaac Southerland and Alex Thrasher Automotive Testing Technology International Winter 2017 Introduction The idea of a network of fully autonomous vehicles zooming across roads and highways elicits visions of human passengers within casually reading the newspaper,…
“Issues In Today’s Medical Malpractice Litigation Employees, Agents, and More – Claims of Hospital Liability for Physician Conduct” By: Walter Price, Martha Thompson and Jennifer “JD” Segers Alabama Defense Lawyers Association Journal Spring 2017 Traditionally, physicians have not been employees of the hospital; rather, they actually have been independent contractors with staff privileges giving them the…