Russell Buffkin Appointed to Serve on PACT and 529 Fund Board of Directors

Russell C. Buffkin was appointed by Alabama Governor Bob Riley to serve on the Board of Directors for the Alabama Prepaid Affordable College Tuition (PACT) Program and the Alabama Higher Education 529 Fund. These two programs operate under authority of Section 529 of the Internal Revenue Code to allow states to create prepaid tuition programs and college saving plans. The Board of Directors has authority over the management of the funds, and Board members are chosen from the higher education community and the business community. More information about these funds and programs is available on the Alabama State Treasury’s web site at http://www.treasury.state.al.us.

Alan Alexander Elected President-Elect of Alabama Defense Lawyers Ass’n.

Alan Alexander was elected the President-Elect of the Alabama Defense Lawyers Association (www.adla.org) at its Annual Meeting in Sandestin, Florida on June 4, 2005. Alan has been a member of ADLA for the past 20 years, having previously served as a Committee Chairman and Director within the organization. Alan will assume the duties of President of ADLA in the Summer of 2006 for a one year term. ADLA was founded over 40 years ago, and it now boasts a membership of over 1,100 Alabama attorneys dedicated to the defense of civil actions and the promotion of fairness and integrity in the civil justice system.

Firm Wins on Judicial Estoppel Theory

The Firm secured summary judgment for its client on the grounds of judicial estoppel arising out of a plaintiff’s failure to list the underlying civil claim against the Firm’s client in the plaintiff’s bankruptcy schedules. The order issued out of the Mobile County Circuit Court and was recently affirmed on appeal by the Alabama Supreme Court (Verneuille v. Buchanan Lumber of Mobile, Inc., 2005 WL 1189598 (Ala. May 13, 2005)). This case is yet another example of how the Firm’s bankruptcy practice and experience can assist the Firm’s general litigation practice.

Firm Helps Landowners Recover Just Compensation

Warren Herlong and Casey Pipes represented two landowners whose Mobile County, Alabama property was partially taken for a road widening project. The Alabama Department of Transportation testified to only owing $137,835 as just compensation for the taking, but after the two and a half day trial the Firm recovered a judgment of $511,746.35 for its clients.

Warren Herlong and Casey Pipes Speak at Lorman Seminar

Warren Herlong and Casey Pipes spoke at a Lorman Education Services continuing legal education seminar entitled “Law of Easements: Legal issues and Practical Considerations in Alabama” on April 27, 2005 in Mobile, Alabama. Warren’s topic centered on the condemnation of easements, and Casey’s topic was on the different types of easements and manners of creation of easements in Alabama.

Jeffery Hartley Attends White House Ceremony

Jeffery Hartley was one of only 30 to 40 dignitaries invited to witness the bankruptcy bill signing ceremony at the White House on April 20, 2005. Before going into the private practice of bankruptcy law, Jeffery was a Majority Counsel for the United States Senate Judiciary Committee primarily working with the late Senator Howell Heflin. From 1994 to 1997, Jeffery was one of nine members of the National Bankruptcy Review Commission. This Commission was charged with proposing changes to the existing bankruptcy laws for the next generation. Jeffery was one of the primary authors of the Single Asset and Small Business portion of the Commission’s ultimate report. Many of the Commission’s suggested changes to the bankruptcy laws were adopted by Congress and are included in the new legislation.

Warren Herlong Speaks at Lorman Seminar

Warren Herlong spoke at a Lorman Education Services continuing legal education seminar entitled “Eminent Domain in Alabama” on March 29, 2005 in Montgomery, Alabama.

Warren Herlong and Casey Pipes Speak at NBI Seminar

Warren Herlong and Casey Pipes spoke at a National Business Institute continuing legal education seminar entitled “Road and Access Law In Alabama: How to Research and Resolve Access Disputes” on March 15, 2005 in Mobile, Alabama. Warren’s topic related to the condemnation of right-of-ways in Alabama, and Casey spoke on the Legislative updates and Public Road creation and use.

Warren Herlong lectures at ALI-ABA Seminar

Warren Herlong presented a paper at the American Law Institute-American Bar Association (ALI-ABA) continuing legal education seminar entitled “Eminent Domain and Land Valuation Litigation” on January 6-8, 2005 in Miami, Florida. Warren’s topic was on the determination and practical effect of defining the parent tract of land in a condemnation case.