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Thomas O. Gaillard, III

Member of the Firm

Martindale-Hubbell Rating:
AV Preeminent

Thomas O. Gaillard - Helmsing Law

Intro

A lawyer in private practice for 25 years, Tom has worked on a diverse array of cases with a focus on civil defense litigation and trial work. This work includes product liability defense, medical and professional liability defense, personal injury and wrongful death, toxic tort litigation, premises liability and other general tort defense cases.

Practice Area(s) Focus

Tom maintains an active civil trial and appellate practice in federal and state courts. His practice focuses on the defense of individuals, companies, and governmental entities in a variety of legal disputes. A significant part of Tom’s practice is the defense of governmental entities and their employees. Tom represents cities and law enforcement officers in claims related to federal statute 42 U.S.C. section 1983, which allows someone to file suit against a governmental entity or individual governmental actor if they violate a person’s constitutional rights. These cases are primarily tried in federal court.

Tom is also experienced in employment law—he counsels clients on questions related to this area of the law and handles employment litigation for employers. Tom also advises corporate clients in matters related to real estate and other corporate transactional issues.

Significant Cases

  • City of Daphne v. Fannon, 303 So.3d 114 (Ala. 2019) (reversing trial court’s denial of City’s motion for a judgment as a matter of law on inverse condemnation claim)
  • Martin v. City of Mobile, 2019 WL 5191826 (S.D. Ala. 2019) (granting motion to dismiss in favor of defendant police officer on plaintiff’s wrongful conviction claims)
  • Mitchell v. City of Mobile, 744 Fed. Appx. 687 (11 th Cir. 2018) (affirming summary judgment in favor of police officer for state and federal wrongful death claims arising from police shooting incident)
  • Ex parte Kozlovski, M.D., 186 So.3d 445 (Ala. 2015) (obtaining mandamus relief granting summary judgment to state psychiatrist on wrongful death claim based on state-agent immunity)
  • Rachel v. City of Mobile,112 F.Supp.3d 1263 (S.D. Ala. 2015) (obtained summary judgment in favor of police sergeant based on wrongful death claims asserted under Alabama law and 42 U.S.C. § 1983)
  • Joyner v. Town of Elberta, 22 F.Supp.3d 1201 (S.D. Ala. 2014) (summary judgment in favor of Town based on Equal Pay Act claims brought by interim police chief)
  • Mingo v. City of Mobile, 592 Fed. Appx. 793 (11 th Cir. 2014) (affirming summary judgment in favor of City for wrongful death claims brought pursuant to 42 U.S.C. § 1983)
  • Black v. City of Mobile, 963 F.Supp.2d 1288 (S.D. Ala. 2013) (granting summary judgment to City on state and federal claims alleging false arrest and excessive force)
  • Bill Salter Advertising, Inc. v. City of Atmore, 79 So.3d 646 (Ala. Civ. App. 2010) (affirming summary judgment in favor of City and building official based on substantive immunity and other defenses)
  • Ono’s Trading Company, LLC v. Parnell, 2006 WL 8437743 (S.D. Ala. 2006) (obtained award of patent and significant monetary relief to plaintiff in intellectual property and misappropriation of trade secrets case)
  • Howard v. City of Atmore, 887 So.2d 201 (Ala. 2004) (affirming summary judgment for City and police chief based on peace-officer immunity and/or state-agent immunity)
  • Powers v. CSX Transportation, Inc., 188 F.Supp.2d 857 (S.D. Ala. 2002) (affirming summary judgment in favor of City on federal wrongful death claims brought under 42 U.S.C. § 1983)
  • Ex parte Mobile Power and Light Co., Inc., 810 So.2d 756 (Ala. 2001) (upholding summary judgment in favor of contractor on subrogation claim by insurance company as a result of fire loss)
  • Kaiser Pools v. Cantwell, 765 So.2d 676 (Ala. Civ. App. 2000) (obtained reversal of judgment against pool contractor based on negligence and breach of warranty claims)