Jim Newman and Ryan Luna won a defense verdict for their client in an automobile accident case tried to a jury earlier this month in the Circuit Court of Mobile County. Plaintiff’s claim was based on a “zone of danger” theory, and the evidence introduced included GPS data superimposed on Google maps. The jury returned a defense verdict on May 7, 2015 after a four-day trial. Paralegal Kathy Mallette assisted the defense team at trial.
Helmsing Leach recently scored a win for the Sirote & Permutt law firm in a case before the U.S. Court of Appeals for the Eleventh Circuit. The appeal arose from Fair Debt Collection Practices Act claims against Sirote that were filed in the U.S. District Court for the Southern District of Alabama. On appeal, the Eleventh Circuit affirmed the district court’s grant of summary judgment for Sirote on the claims. Helmsing Leach attorneys Jeffery Hartley and Samuel Rosten represented Sirote in the trial court and on appeal.
On December 30, 2013, the Alabama Supreme Court ruled in favor of defendant BASF Construction Chemicals, LLC in a personal injury lawsuit in which Jim Newman represented the company. The case turned on whether BASF had assumed the duty to inspect certain construction work performed using a BASF product. After a lengthy and thorough analysis, the Supreme Court held that the question of duty was, in this particular case, one for the trial court and that the trial court had correctly ruled in favor of BASF.
Mr. Newman represented BASF in the case from its inception in the Circuit Court of Mobile County, which granted summary judgment to the company. After plaintiff appealed, the Supreme Court transferred the action to the Court of Civil Appeals, which reversed the trial court. BASF then petitioned for certiorari to the Alabama Supreme Court which granted the petition and reversed the Court of Civil Appeals.
Ex parte BASF Construction Chemical, LLC (In re: Jeannie West Crabtree and Edward Wayne Crabtree vs. BASF Building Systems, LLC), Alabama Supreme Court 1101204 (December 30, 2013).
Jim Newman represented defendants State Farm Fire and Casualty Company and Jeff Stauter in a case tried to a jury in Baldwin County, Alabama, this month. Plaintiff’s claims included breach of contract, insurance bad faith, concealment and misrepresentation. The jury returned a verdict in favor of the defendants on November 15th. Paralegal Lindsay Dunn assisted Mr. Newman at the trial.
Earlier this month, Alan Alexander won a defense verdict for Providence Hospital in a trial involving the death of a two year-old child resulting from an allegedly undiagnosed arterial-venous malformation in his brain. The plaintiffs sued a physician who treated the child in the Providence emergency room, alleging that he was negligent for failing to order a CT scan or other tests that might have helped uncover the child’s brain condition. The case against Providence was based solely on an agency theory. After hearing seven days of testimony, the jury deliberated for a day and a half before rendering defense verdicts for all defendants.
Firm partner Win Stuardi and associate Meagan Day won a defense verdict in September 2013 in a medical malpractice case in the Circuit Court of Baldwin County, Alabama. After a two-week long trial, the jury returned a verdict in favor of the co-defendant physician and hospital.
Casey Pipes and Chris Conte successfully argued for the
dismissal of a Chapter 11 bankruptcy petition on the ground that the people
signing the petition as the purported Managers of the company were not actually
the Managers since the Operating Agreement of the Company had never been validly
amended. The evidence hearing on the Motion to Dismiss was held four days after
the filing of the petition, and the Court dismissed the petition on that date.
Warren Herlong was recently interviewed on local CBS affiliate television station WKRG-TV concerning a condemnation lawsuit brought by Houston-based Plains Southcap against Mobile Area Water & Sewer System to acquire the final tracts of property it needs to finish constructing a pipeline across Mobile County to the Chevron refinery in Pascagoula, Mississippi. Helmsing Leach represented a number of land owners defending against Plains Southcap condemnation proceedings and was successful in having the company’s condemnation petition dismissed. To see Mr. Herlong’s television interview, please click this link
Casey Pipes and Warren Herlong successfully argued on behalf of
their land owner clients that a crude oil pipeline company lacked the power to
condemn property in Alabama because it was a limited liability company. The
clients were defendants in a condemnation action and, at the “right to take”
hearing, the Mobile County Probate Judge agreed that the pipeline company,
because it was a limited liability company, lacked the state law power to
condemn anyone’s property.