HISTORY
Always moving forward.

Since 1989, Lloyd, Gray, Whitehead & Monroe, P.C. has steadily and consistently grown from 4 to 36 attorneys providing full-service litigation for clients throughout the Southeast. We recently added another chapter to our history, opening an office in Florida to complement our headquarters in Alabama. We continue to grow and expand our staff, but ever mindful of our belief in staying lean and efficient. We serve our clients best with effective outcomes.

NEWS + MEDIA
architects and engineers
MISSOURI COURT OF APPEALS INTERPRETS STATUTE REGARDING WHAT IS INCIDENTAL TO THE PRACTICE OF ARCHITECTURE

In Curtis v. Miss. Board For Architects, Prof. Engineers, Prof. Land Surveyors, and Prof. Landscape Architects, No. WD 80174, 2017 WL 2241516 (Mo. Ct. App. May 23, 2017), the Missouri Court of Appeals affirmed the Missouri Board of Architects, Professional Engineers, Professional Land Surveyors, and Professional Landscape Architects’ (the “Board”) disciplinary order against an architect for violations of a previous probation order.  Donald Dustin Curtis was an architect based in Arizona and licensed in multiple jurisdictions, including Missouri.  Mr. Curtis’s license was placed on probation in Missouri for one year after he failed to inform the Board of disciplinary action in Nevada.  As part of his probation Mr. Curtis was required to submit his plans for any projects in Missouri to the Board for review.


construction
FIFTH CIRCUIT REFUSES TO BROADEN SCOPE OF AFFIRMATIVE DUTY TO WARN BASED ON CONTRACTOR’S EXPERTISE

In LaShip, LLC v. Hayward Baker, Inc., No. 15-30816, 2017 WL 829503 (Mar. 1, 2017), the Fifth Circuit held a commercial contractor was not required to warn the owner of alleged defects in the design specifications of foundation columns that were provided by the engineer despite the fact the contractor had specialized experience in foundation design.  The Fifth Circuit refused to broaden the affirmative tort duty to warn based on a party’s expertise and upheld the statutory protections for the contractor.




environmental
U.S. DISTRICT JUDGE REJECTS ELK RIVER CHEMICAL SPILL SETTLEMENT

A West Virginia federal judge rejected a proposed $151 million deal reached by American Water Works and Eastman Chemical that would have settled class claims arising from a 2014 coal-processing chemical spill, but indicated the agreement is salvageable.   Good et al. v. American Water Works Co. Inc. et al., Case No. 2:14-cv-01374, (S.D. W. Va., July 6, 2107). The chemical, called methylcyclohexane methanol, or crude MCHM, caused nausea, vomiting and eye irritations that led to infections after it entered the water supply in January 2014.




employment
DEPARTMENT OF LABOR RECONSIDERING MINIMUM SALARY FOR WHITE COLLAR EXEMPTION

Since November 2016, a nationwide injunction has prevented the Obama Administration’s new overtime rule for white collar workers from going into effect.  The Obama-era rule, which increase the minimum annual salary required to support exempt status from $23,660.00 to $47,476.00, was poised to convert millions of employees from exempt to non-exempt from the FLSA’s overtime rules.  Many employers re-classified employees, increased salaries or both in an effort to comply with the new standard, which was scheduled to take effect in December 2016.  Since the injunction, those same employers have awaited clarification on whether the rule, or a modified version, would go into effect. 




securities
SEC APPROVES FINRA’S PROPOSED RULE CHANGE TO EXPEDITE THE ARBITRATOR LIST SELECTION

The SEC approved a proposed rule change to amend FINRA Rules 12402 and 12403 of the Customer Code and Rule 13403 of the Industry Code to allow the Director of FINRA’s Office of Dispute Resolution (“Director”) to send the list generated by the Neutral List Selection System to all parties at the same time, within 30 days after the last answer is due.  The list will now be sent within this time, regardless of whether the parties agree to extend any answer due date.


professional liability
FIFTH CIRCUIT RULES PLAINTIFF IN MISSISSIPPI LEGAL MALPRACTICE ACTION FAILED TO PROVE HER CASE WITHIN A CASE
In Kennedy v. Hall, No. 16-60569, 2017 WL 664041, at *1 (5th Cir. Feb. 17, 2017), the Fifth Circuit affirmed summary judgment for a Mississippi attorney and his law firm in a legal malpractice action applying the “case-within-a-case” doctrine. Mississippi law requires the plaintiff in a malpractice action to prove by a preponderance of the evidence 1) the existence of a lawyer-client relationship, 2) negligence by the lawyer, 3) proximate cause, and 4) injury.



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but we’re really problem solvers.

PRACTICE AREAS
Architects and Engineers/Design Professionals
Construction
Coverage
Employment
Environmental
Fair Housing and Public Accommodation
General Liability
Insurance Fraud/Special Investigations
Medical & Healthcare
Professional Liability
Securities
Worker's Compensation
Architects and Engineers/Design Professionals

Architects and engineers are held to a higher standard of care. When disputes arise alleging a design or engineering flaw, these professionals may be exposed to liability claims involving their livelihood, reputation and professional licensure. We recognize the level of skill and knowledge required to vigorously defend architects and engineers when they are accused of failing to meet the standard of care. We represent design professionals throughout the country.

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Construction

Every construction defect dispute presents a unique set of circumstances requiring the experience and versatility our construction litigation team offers. LGWM’s Construction Practice Group includes experienced attorneys who understand the issues and complexities involving building projects.

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Coverage

Navigating complex coverage issues while fulfilling contractual obligations to the insured often presents difficult challenges for carriers. Insurance agents and brokers also find themselves in the middle of coverage disputes between their insured and the carrier. The LGWM Insurance Coverage Practice Group has a team of seasoned coverage attorneys to assist clients in resolving these problems.

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Employment

LGWM’s Employment Group provides a wide range of services to LGWM’s clients in all areas of employment law. The Employment Group consists of experienced litigation lawyers who have litigated cases before government agencies and state and federal courts throughout the Southeastern United States. The Employment Group regularly defends employers against claims of employment discrimination under state and federal law, including defense against claims of race, national origin, gender, religious, disability, and age discrimination; claims of discrimination based on service in the military; claims of harassment; claims of retaliation; claims for breach of contract; claims regarding employee benefits; and claims of defamation and other employment torts. The Employment Group has represented employers of all types and sizes, public and private, from various industries, including restaurants, hotels, food distributors, franchise owners, manufacturing facilities, security companies, temporary agencies, professional employer organizations, educational institutions, financial institutions, school systems, school boards, and non-profit employers.

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Environmental

Environmental litigation may take many forms, and each presents unique challenges. Whether the issue is a plaintiff's exposure to a toxic chemical or property damage as a result of a discharge or a violation of a state or federal environmental mandate or Act, a company sued for an environmental claim needs qualified representation with specific experience and knowledge.

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Fair Housing and Public Accommodation

LGWM provides a range of services for property owners and management companies regarding compliance with state and federal housing laws and regulations, including compliance with the Fair Housing Act (FHA) and the regulations promulgated by the Department of Housing and Urban Development (HUD). LGWM has assisted clients with responding to administrative complaints pending before HUD in which claims were asserted for alleged race discrimination, disability discrimination, sex discrimination, retaliation and violations of HUD regulations unrelated to discrimination.

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General Liability

LGWM’s General Liability Practice Group regularly represents insureds, insurance companies, and self-insured individuals and entities in Alabama, Florida, and Mississippi. The General Liability Practice Group routinely litigates personal injury claims (including brain injuries, head injuries, spinal cord injuries, paralysis, burn injuries, amputation, loss of eyesight or hearing, and various other debilitating injuries), and wrongful death claims. The General Liability team also defends trucking litigation claims, blasting cases, breach of contract disputes, and products liability cases. The attorneys in our General Liability Practice Group also handle cases involving business disputes, owners and landlord’s liability, premises liability, commercial liability cases, first-party and third-party property damage cases, and Chinese Drywall cases, among a variety of other types of general liability cases.

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Insurance Fraud/Special Investigations

LGWM’s Insurance Fraud/SIU Practice Group works closely with insurance carrier’s Special Investigative Units (SIU) to conduct thorough and complete investigations of first-party property claims including arson and theft. When an investigation raises questions about the validity of a claim, we conduct Examinations Under Oath (EUO) to uncover discrepancies in statements and reveal potential fraud. After completion of the claims investigation, we provide our clients with a detailed analysis of the investigation and a recommendation on whether the claims should be denied or is acceptable for coverage under the terms of the policy.

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Medical & Healthcare

LGWM has a long history of serving as counsel for hospitals, long term care, hospice, and home health agencies. We represent physicians, dentists, nurses, therapists, and other health care providers. LGWM also has extensive experience in defending medical device and pharmaceutical manufacturers involved in individual lawsuits and class actions. We strive to conduct detailed and thorough evaluations of health care claims and develop strategies for case management. We retain qualified experts to consult and evaluate claims early on. Our staff stands ready to defend medical and health care claims from start to finish.

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Professional Liability

When professionals get sued, there often is more than just financial compensation at stake. Professional reputations and the ability to continue practicing in one’s profession may be on the line. Professional liability claims often require an aggressive defense to guard and protect that professional reputation.

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Securities

LGWM's Securities Practice Group handles all types of securities litigation and regulatory disputes. LGWM attorneys have extensive experience in litigating securities matters in state and federal court and in arbitrations before FINRA and AAA. We represent large broker dealers, independent broker dealers, investment advisors and registered representatives throughout the Southeastern United States. We also have experience representing developers and individuals who have securities-related claims brought against them as part of a residential or commercial development or development of condominiums.

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Worker's Compensation

LGWM's Workers' Compensation Practice Group's attorneys represent a wide range of clients across the state, including large and small employers, workers' compensation insurance carriers, self-insured workers'compensation funds and third party administrators relating to claims for benefits under the Alabama Workers' Compensation Act. LGWM also has an active role in various workers' compensation organizations, with its attorneys serving as members of the Alabama State Bar Workers' Compensation Section, Alabama Workers' Compensation Organization and Alabama Self Insured Association.

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