Professional Liability
Cases of Note
- Legal Malpractice
- Consumer Finance Litigation
- Home Inspectors
- Insurance Agents & Brokers
- Real Estate Litigation
- Accounting Malpractice
- TPAs
- Staffing Agencies
- Social Workers and Social Services Agencies
- Obtained dismissal of attorney in state court legal malpractice suit asserting the attorney breached the standard of care in obtaining divorce judgment totaling less than half the marital estate.
- Obtained dismissal of attorney in case involving alleged violations of federal wiretap laws. Represented attorney against claims for tortious interference with business relations stemming from sending of litigation notice letter to a bank.
- Represented attorney in a bar proceeding and separate legal malpractice case where it was alleged the attorney converted monies from the client’s personal injury settlement.
- Represented attorney against claims that he violated the automatic stay in debtor’s bankruptcy by pursuing client creditor’s default judgment against debtor.
- Represented attorney alleged to have conspired to have the plaintiffs indicted for bribery and extortion in order to aid the defense of the attorney’s client in a threatened civil suit.
- Represented attorney in a bar proceeding and separate legal malpractice case involving alleged misappropriation of client’s settlement funds in an underlying worker’s compensation settlement.
- Represented non-party attorney in producing client file and defending deposition in a bad faith case involving alleged breach of the enhanced duty of good faith.
- Represented law firm seeking to quash a non-party subpoena seeking production of a client file in contradiction of the client’s instruction that the privilege not be waived.
- Represented attorney sued for improperly conducting a title search in relation to a residential real estate transaction.
- Successfully defended collection agency in FDCPA case alleging unfair and abusive collection practices.
- Represented mortgage company in five related lawsuits where Plaintiffs alleged a pattern and practice of improper and fraudulent charges in connection with forced-placed insurance.
- Successfully defended financial advisor in suit asserting suitability claims arising from the sale of flexible-premium equity-indexed annuities.
- Obtained summary judgment in case against a mortgage company alleging violations of the FCRA and other state law claims based upon its credit inquiry and loan application processes.
- Represented finance company in cases alleging applicants were illegally told they were required to purchase credit life insurance in order to receive loans.
- Represented mortgage company in suit involving alleged conspiracy to sell a low income Plaintiff three homes priced well above fair market value.
- Represented a financial services firm over allegations that it improperly sold an elderly client close to $1 million in annuities, constituting her entire net worth, which then suffered catastrophic market losses. The case settled for a favorable result following mediation.
- Represented credit agency in suit alleging violations of FDCPA and TCPA claims based on use of computer generated collection calls.
- Defended mortgage company in lawsuit alleging violation of Mississippi Mortgage Consumer Protection Act wherein Plaintiff sought to rescind home refinancing agreement based on alleged fraud in the procurement of the loan.
- Represented investment company in suit involving claims that elderly plaintiff’s funds were improperly placed into a discretionary account which was allegedly unsuitable for her age and financial condition.
- Represented home inspector related to a $1 million home where homebuyers sued home inspector for negligence, breach of contract and fraud. We compelled arbitration of homebuyers’ claims and Arbitrator enforced limitation provision limiting home buyers recovery to inspection fee, despite home having serious flooding in basement, electrical and exterior cladding issues affecting the health and safety of occupants.
- Represented home inspector related to a $1 million home where homebuyers sued home inspector for not identifying substantial moisture intrusion issues related to synthetic stucco (EIFS) installation to the exterior cladding. Resolved the case very reasonably after the EIFS claims were dismissed based on provision within the contract.
- Represented home inspector related to a $500,000 home with significant structural issues. Judge limited plaintiffs’ recovery to inspection fee despite claims including fraud and wantonness.
- Represented home inspector related to a $250,000 home with significant settlement issues due to the improper backfilling of soils prior to construction and roof addition to home. After substantial discovery, we convinced plaintiffs’ counsel to dismiss home inspector voluntarily and case proceeded against sellers of home and roofing contractor.
- Represented home inspector related to a $250,000 home that had mold and mildew issues in a substantial portion of the home. We successfully had the case dismissed at summary judgment based on provisions in the contract.
- Represented home inspector related to a $150,000 home that had substantial structural defects and a laundry list of other defects. We hired a home inspection expert who opined that home inspector met the standard of care for an Alabama Home inspector. We argued at summary judgment that Plaintiffs’ lack of expert testimony to rebut our expert warranted dismissal and the judge agreed.
- Represented home inspector related to a $750,000 home that had substantial plumbing, electrical and laundry list of defects. We filed a motion for partial summary judgment asking the court to enforce the limitation provision in the contract. The Court granted our motion limiting Plaintiff’s recovery to $350. We settled the case for $3,500.
- Represented home inspector related to a $350,000 home that had substantial termite damage to a load bearing wall. We filed motion for summary judgment based on contract language that termite inspection was excluded. After the court granted our motion, Plaintiffs’ Counsel voluntarily dismissed other claims against home inspector.
- Represented home inspector in state court over allegations that he failed to identify Chinese drywall during a home inspection. We were able to convince Plaintiffs’ Counsel that provisions in contract excluded home inspector’s obligation to detect or inspection for Chinese drywall, and plaintiffs voluntarily dismissed their claims against home inspector.
- Represented home inspector in arbitration over a $650,000 home that had significant exterior cladding moisture intrusion and settlement issues related to crawlspace. We were able to settle the matter for a reasonable amount after expert testimony limited the scope of home inspector’s inspection pursuant to Alabama law.
- Represented Insurance Broker in a claim brought by the carrier where it was alleged the Broker improperly bound coverage contrary to binding instructions resulting in the carrier covering a $3 million claim.’
- Represented Insurance Agent in a $700,000 claim by the carrier where carrier contended agent’s negligence exposed carrier to a $1 million limits liability claim when the carrier only intended to issue a $300,000 limits liability policy – court ruled carrier could only recover from agent the difference in premium between a policy with $300,000 limits and $1 million limits.
- Successfully defended two Insurance Agents at trial for negligent and fraudulent procurement of guaranteed issue medical coverage where carrier denied insured’s claim asserting carrier had not timely received insured’s application within the guaranteed issue timeframe – case resulted in a $950,000 verdict against the carrier and a defense verdict for the Agents.
- Obtained defense verdict on behalf of Insurance Agents who developed a program to be underwritten by a Lloyd’s Syndicate for offering accident and health coverage to over ten million karate school participants throughout the United States – Plaintiffs claimed $10 million in future lost commissions and revenues over the failed insurance program.
- Successfully defendant Insurance Agent in approximately thirty lawsuits filed by policyholders based on the fraud, criminal acts, and theft of premiums by the Agent’s office employees of which the Agent had no knowledge.
- Represented insurance adjusting firm in a claim for $4 million in damages where insured claimed it was underinsured as a result of annual insurance replacement cost estimates the firm prepared.
- Obtained dismissal of retail insurance agent in federal court suit involving fraud and procurement claims arising from denial of fire loss claim due to insured’s alleged misrepresentations in the application.
- Successfully represented retail insurance agency in arbitration brought by insurer seeking to recover $1 million paid to settle and defend an underlying state action, arguing indemnity obligation in the parties’ agency agreement was not triggered based on the causation language at issue.
- Obtained dismissal of insurance broker in case involving alleged failure to procure adequate automobile liability coverage for a national food chain.
- Obtained dismissal of insurance broker in case involving allegations of converted premium.
- Successfully represented insurance agency in a fraud and procurement suit brought by condominium association alleging inadequate coverage for damage to property’s outlying structures caused by a tornado.
- Successfully represented managing general agency in a suit brought by insured alleging it was owed defense and indemnity in an underlying multi-million dollar tort suit brought by the family of a worker killed in the line of employment.
- Represented insurance agency in pre-suit phase of litigation involving an alleged failure to procure cargo insurance coverage on the insured’s newly-purchased tractor-trailer.
- Obtained dismissal of independent appraiser in law suit involving reverse mortgage. Plaintiff asserted the appraised value was inflated, but failed to offer sufficient proof.
- Represented real estate agent accused of failing to obtain an appraisal from a licensed home appraiser and a termite inspection prior to the closing of the property.
- Obtained dismissal of real estate agent in buyer’s suit asserting the agent failed to disclose that purchased property was located in a flood zone.
- Successfully defended real estate broker accused of failing to properly advise buyer regarding the amount and type of insurance needed for a leased restaurant.
- Represented real estate agent and broker in pre-suit matter involving alleged failure to secure a sellers’ private information on a laptop computer.
- Represented real estate broker accused of mishandling various aspects of the marketing and closing of a foreclosed residential property.
- Successfully represented apartment complex management company alleged to have misappropriated and destroyed tenant’s personal property during eviction process.
- Successfully represented real estate listing agent accused of fraud and suppression related to the sale of a home subject to a right of redemption by Alabama Power.
- Successfully defended property manager of a large apartment complex in tenants’ suit asserting failure to make necessary repairs to address alleged unsanitary conditions related to sewer lines.
- Represented real estate broker in suit by a condominium association asserting fraud based claims arising from statements in marketing materials disseminated during pre-construction phases of the condominium development.
- Assessment relating to a transfer of assets in connection with the sale of a business.
- Represented accounting firm in action relating to an alleged failure to discovery fraudulent transactions in connection with the account firm’s financial statement reviews of the client’s various businesses.
- Represented accounting firm in pre-suit matter regarding firm’s alleged failure to discover theft by an employee in connection with the firm’s auditing services.
- Represented accounting firm in action brought by clients regarding a Federal Income Tax.
- Represented third party administrator in suit alleging the administrator, through its retained defense counsel, breached Alabama’s enhanced duty of good faith by advancing a defense which resulted in dismissal of covered claims.
- Successfully resolved suit against third party administrator alleging wrongful denial of tender of defense under a worker’s compensation policy based on employment status of the putative insured.
- Obtained dismissal of claims alleging that a third party administrator mishandled premium payments intended to procure liquor liability coverage for insured’s restaurant.
- Obtained dismissal of tort of outrage claim against third party administrator arising from the administrator’s handling of claim for worker’s compensation benefits.
- Represented third party administrator in case by insurer seeking indemnity for monies paid to settle underlying claim which the insurer contended would not have been covered but for a mistake by the administrator.
- Successfully defended staffing company accused of conspiracy and RICO violations related to recruitment and employment of seasonal workers to fill temporary positions for a videotape manufacturer. The Plaintiffs alleged the seasonal workers with H-1B visas were unfairly taking away jobs from U.S. citizens.
- Successfully represented staffing company sued for wrongful termination after the temporary worker suffered a workers’ compensation injury. At the time the worker was released to return to work, the project at the automobile manufacturing plant to which she had been assigned and placed had been completed.
- Successfully represented staffing company in counterclaim suit by client who failed to reimburse the staffing company for the hours worked by the staffing companies’ temporary employees on client’s records recovery project. The client asserted that the work product of the staffing company’s temporary employees was not appropriate for the job. We were able to show the client had numerous temporary employees on the job from other staffing companies, who could have just as easily caused the “alleged problems” with work product.
- Obtained summary judgment for licensed clinical social work counselor accused of defamation for complying with state’s mandatory reporting law concerning suspected child abuse.
- Obtained summary judgment for social work administrator accused of mishandling disciplinary matters concerning the employment of a fellow social worker.
- Represented social caseworker alleging violations of state laws concerning the investigation of alleged child abuse.
- Represented social caseworker in a wrongful death case alleging mishandling of the investigation into alleged child abuse.
- Represented court-appointed licensed clinical social work counselor accused of violating the standard of care for conduct mental health assessment of a minor alleging sexual abuse by a parent.