On July 21, 2016, Gordon Sproule and Charles J. Fleming, Jr. secured a defense verdict on behalf of a nursing home in a medical malpractice case that was tried before an arbitrator in Mobile County, Alabama. The wrongful death action was brought by the estate of a nursing home resident who died following an aspiration…
On June 30, 2016, attorney Bart Cannon secured a Huie defense verdict on behalf of a trucking company in a case involving a collision between two tractor trailers that occurred in Colbert County, Alabama. The plaintiff, also a trucking company, filed suit against the defendant claiming that the defendant’s employee negligently caused the collision by failing…
On June 7, 2016, Stewart McCloud obtained a defense verdict on behalf of a dentist following a bench trial in Fairhope, Alabama. The plaintiff filed suit against her former dentist alleging claims for negligence, breach of warranty and breach of contract. At trial, the plaintiff alleged that the dentures provided by the defendant were defective…
Huie was recognized in the Chambers USA 2016 listing as a Leading Law Firm in the Litigation: General Commercial practice area. Additionally, Stan Cash and Alan Thomas were included in the listing for top-ranked Litigation: General Commercial attorneys. The rankings were compiled by the guide’s independent, London-based publisher, Chambers & Partners, based on an intensive research process…
Huie, Fernambucq & Stewart Senior Partner Jim Shaw secured a defense verdict for an Alabama-based corporation in a negligence trial lasting four days in the United States District Court for the Southern District of Mississippi. Plaintiff’s claims first arose in December 2013 following a motor vehicle accident involving the plaintiff and a commercial truck driver returning…
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…
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 provides insight into recent case law related to 2018 Alabama medical malpractice appellate court decisions. Specifically, we examine the following issues and their relevant case law: $10 Million Failure to Diagnose Meningitis Verdict Reversed Physician Acting as Emergency Department Physician Versus Hospitalist Physician Failure to Report an Emergency to a Consulting Physician Still Requires…
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…