MEMBERS OF FIRM
Francis H. Hare (1904-1983).
Carlton T. Wynn (1917-2002).
Neal C. Newell (1920-2005).
Alex W. Newton (Partner) born Birmingham, Alabama, June 19, 1930; admitted to bar, 1957, Alabama; 1969, U.S. Supreme Court. Education: University of Alabama (B.S., 1952; J.D., 1957). Member, Board of Trustees, 1971-1978, Board of Directors, 1978-1980 and President, 1980-1982, University of Alabama Law School Foundation. Member, Jefferson County Judicial Nomination Commission, 1983-1989. Vice-Chairman, Birmingham Racing Commission, 1984-1987. Member, Birmingham Airport Authority Board of Directors, 1991. Member, Board of Trustees, Alabama Trust Fund. Member, Jefferson Metropolitan Health Care Authority, 2003. Member: Birmingham (Member, Executive Committee, 1967) and American Bar Associations; Alabama State Bar; Alabama Association for Justice (Secretary-Treasurer, 1958-1964); American Association for Justice; American Judicature Society. Fellow: American College of Trial Lawyers (Chairman, State Committee, 1983-1984); Outstanding Leadership as Chair of Adjunct State Committee, 1996; International Society of Barristers (Member, Board of Governors, 1974; President, 1979); American Bar Foundation; International Academy of Trial Lawyers (State Chairman, Board of Directors); St. Vincent's Hospital Foundation (Board of Directors, 2000 - 2006). [Former Captain, U.S. Infantry]. Practice Areas: Products Liability Law; Personal Injury Law; Wrongful Death Law; Construction Accidents.
C. Terrell Wynn, Jr. (Partner) born Atlanta, Georgia, November 25, 1942; admitted to bar, 1967, Alabama. Education: Auburn University; University of Alabama (LL.B., 1967). Member: Birmingham and American Bar Associations; Alabama State Bar; Alabama Association for Justice; American Association for Justice; American Judicature Society. Practice Areas: Products Liability Law; Personal Injury Law; Wrongful Death Law; Construction Accidents; Negligence.Email: C. Terrell Wynn, Jr.
James J. Thompson, Jr. (Partner) born Butler, Alabama, October 7, 1942; admitted to bar, 1969, Alabama. Education: University of Alabama and Auburn University (B.A., 1966); Cumberland School of Law of Samford University (J.D., 1969). Phi Alpha Delta (Vice-President, 1968). Sigma Chi Fraternity. Listed, Best Lawyers in America, 2002. Airline Transport Pilot Jet Rated. Author: "The Small Aircraft Crash Case A Practical Approach," Alabama Trial Lawyers Journal, Vol. 4, No. 1, 1976. Student Advocacy Program Coordinator, Cumberland School of Law, The Association of Trial Lawyers of America, 1974. Attorney, Aircraft Owners and Pilots Association (AOPA) Legal Services Plan, 1985-1990. Airline Transport Pilot. Member: Birmingham and American (Chairman: Aviation Subcommittee, 1983; Commuter, Air Taxi and Commercial Airlines) Bar Associations; Alabama State Bar (Member, Executive Committee, Young Lawyers' Section, 1973-1974); American Board of Trial Advocates; Alabama Association for Justice (Member: Board of Governors, 1978-1979; Executive Committee, 1981-1982); American Association for Justice; Birmingham Trial Lawyers Association (President, 1984-1985); Lawyers-Pilots Bar Association. Fellow: International Academy of Trial Lawyers; Experimental Aircraft Association. Practice Areas: Products Liability Law; Personal Injury Law; Wrongful Death Law; Aviation Law; Admiralty Law; Class Actions; Nursing Home Abuse and Neglect.Email: James J. Thompson, Jr.
Alva C. Caine (Partner) born Safford, Alabama, December 14, 1940; admitted to bar, 1970, Alabama. Education: The Marion Military Institute (A.A., 1961); University of Alabama (B.S., 1964); Cumberland School of Law of Samford University (J.D., cum laude, 1970); Harvard Law School (LL.M., 1971). Phi Alpha Delta. Member, Curia Honoris. Author: "Termination of Franchise Agreements-Some Remedies for Franchisee's Under The Uniform Commercial Code," Cumberland-Samford Law Review, Vol. 3, p. 349, Fall, 1972. Past Trustees, Alabama Law Foundation. Member: Birmingham and American Bar Associations; Alabama State Bar (President, 1989-1990); Alabama Trial Lawyers Association (President, 1984-1985); American Association for Justice; Alabama Association for Justice; American Law Foundation. Fellow: International Society of Barristers. [Captain, U.S. Army, Helicopter Pilot, 1964-1967]. Practice Areas: Products Liability Law; Personal Injury Law; Wrongful Death Law; Commercial Litigation.
Ray O. (Ronnie) Noojin, Jr. (1945-1996).
John W. Haley (Partner) born Birmingham, Alabama, November 16, 1949; admitted to bar, 1975, Alabama, U.S. Supreme Court and U.S. Court of Appeals, 5th and 11th Circuits; 1976, U.S. District Court, Southern District of Alabama. Education: Tulane University of Louisiana (B.A., 1971); University of Alabama; Cumberland School of Law of Samford University (J.D., magna cum laude, 1975). Phi Delta Phi. Editor, Alabama Trial Lawyers Journal, 1976-1986. Treasurer, Alabama Democratic Party, 1991-1995 and 2001 . Member: Birmingham (Member, Executive Committee, Young Lawyers Section, 1976-1983) and American Bar Associations; Alabama State Bar; Alabama Association for Justice, formerly Alabama Trial Lawyers Association (Member, Executive Committee, 1980 ; Treasurer, 1989; Secretary, 1990; Second Vice-President, 1991; First Vice-President, 1992; President, 1994); American Association for Justice, formerly American Trial Lawyers Association (Board of Governors, 1995). Fellow: International Society of Barristers. Practice Areas: Products Liability Law; Personal Injury Law; Construction Accidents; Class Actions; Commercial Litigation.Email: John W. Haley
D. Leon Ashford (Managing Partner) born Athens, Alabama, May 12, 1948; admitted to bar, 1973, Alabama and U.S. District Court, Northern and Middle Districts of Alabama; 1974, U.S. Court of Appeals, 5th Circuit; U.S. Court of Appeals, 11th Circuit. Education: University of Alabama (B.S., 1970; J.D., 1973). Phi Delta Phi. Member, Bench and Bar. Assistant Attorney General, 1973-1974. Associate Professor, Cumberland School of Law, Samford University, 1982. Member: Birmingham (Member, Young Lawyers Section, Executive Committee, 1976-1979; President, 1980; Member, Executive Committee, 1982-1985) and American Bar Associations; Alabama State Bar (Member, Executive Committee, Young Lawyers Section, 1979); Alabama Association for Justice; American Association for Justice; American Judicature Society; American Board of Trial Advocates. Fellow: American College of Trial Lawyers; International Academy Of Trial Lawyers. Practice Areas: Products Liability Law; Personal Injury Law; Wrongful Death Law; Medical Malpractice Law; Construction Accidents.Email: D. Leon Ashford
Scott A. Powell (Partner) born Jacksonville, Florida, August 29, 1953; admitted to bar, 1978, Alabama, U.S. District Court, Northern and Southern Districts of Alabama and U.S. Court of Appeals, 11th Circuit. Education: University of Alabama (B.S., 1975); Cumberland School of Law of Samford University (J.D., cum laude, 1978). Phi Alpha Delta. Member, Trial Advocacy Board, Cumberland School of Law, 1977-1978. Listed, Best Lawyers in America. Discovery Subcommittee Chair, Civil Justice Reform Act Advisory Committee, Northern District of Alabama. Trustee, Eleventh Circuit Historical Society. Member: Judicial Compensation Commission, State of Alabama, 2000-2004; State Chair, U.S. Supreme Court Historical Society, 2004-2005. Member: Alabama State Bar; American Bar Association; Alabama Association for Justice (formerly Alabama Trial Lawyers Association; Member: Board of Governors, 1990-1991; Executive Committee, 1990-2000; Officer, 2000; President, 2005-2006); American Judicature Society; American Association for Justice. Fellow: International Society of Barristers (Board of Governors, 1999; Officer, 2003-2005 President, 2006-2007); American College of Trial Lawyers; American Bar Association; Alabama Bar Foundation. Practice Areas: Products Liability Law; Personal Injury Law; Commercial Litigation; False Claims Act; Qui Tam Litigation; Complex Litigation; Class Actions.Email: Scott A. Powell
James R. Pratt, III (Partner) born Birmingham, Alabama, January 22, 1950; admitted to bar, 1978, Alabama, U.S. Supreme Court, U.S. Court of Appeals, Fifth and Eleventh Circuits and U.S. District Court, Northern, Middle and Southern Districts of Alabama. Education: Auburn University (B.A., 1972); Cumberland School of Law of Samford University (J.D., 1978). Phi Delta Phi; Omicron Delta Kappa; Sigma Tau Delta. Co-Author, Comment: "The Speedy Trial Act of 1974: A Suggestion," Vol. 8 Cumberland Law Review, 1978. Co-Author: "Preparing the Utility Vehicle Rollover Case," TRIAL Magazine, March 1994. Author: chapter in Biomechanics of Injury in Litigation Spinal Cord Injuries, Law, Medicine and Economics. Co-Author: chapter, "Jurisdiction and Venue," Litigating Tort Cases, The Association of Trial Lawyers of America. Former Adjunct Faculty Member (Associate Scholar) UAB's Injury Control Center. Former Member, Alabama Supreme Court Oversight Committee on Judicial Elections, 2000. Former Member, Panel of Neutrals, American Arbitration Association. Diplomate of Trial Advocacy, National College of Advocacy. Member: Birmingham (Member, Executive Committee, 1987-1989) and American Bar Associations; Alabama State Bar (Member, Board of Bar Commissioners); Disciplinary Panel of Alabama State Bar; Alabama Association for Justice (formerly Alabama Trial Lawyers Association; Member, Board of Governors, 1980-1990; Executive Committee, 1985-1993; Treasurer, 1993-1994; Secretary 1994-1995; Second Vice President, 1995-1996, First Vice President, 1996-1997; President, 1997-1998); American Association for Justice (formerly The Association of Trial Lawyers of America; Member, Executive Committee, Products Liability Section, 1993-1994; Secretary 1994-1995; Vice Chairman, 1995-1996; Chair-Elect, 1997-1998; Chair, 1998-1999; Board of Governors, 1996-1998); American Law Institute; Alabama Law Foundation; Alabama Bar Foundation. Fellow: International Society of Barristers; International Academy of Trial Lawyers; Inner Circle of Advocates; American Board of Trial Advocates. [1st Lt., U.S. Army Armor Corps, 1972-1975]. Practice Areas: Product Liability Law; Aviation Law; Commercial Litigation; Negligence; Qui Tam Litigation; Complex Litigation.Email: James R. Pratt, III
S. Shay Samples (Partner) born Tuscaloosa, Alabama, September 18, 1951; admitted to bar, 1976, Alabama and U.S. District Court, Northern District of Alabama; 1978, U.S. Court of Appeals, 5th Circuit; 1979, U.S. Court of Appeals, 11th Circuit; 1981, U.S. District Court, Middle District of Alabama; 1991, U.S. Supreme Court; 1998, U.S. Court of Federal Claims. Education: University of Alabama (B.A., 1973); Cumberland School of Law of Samford University (J.D., 1976). Phi Delta Phi. Listed in: Marquis Who's Who in American Law; Marquis Who's Who in the World; National Registry of Who's Who; Best Lawyers in America. Senior Counsel, Member, American College of Barristers. Diplomate, International Academy of Litigators. Senior Counsel Member, The College of Master Advocates and Barristers. Madison Who's Who Among Executives and Professionals. Recipient, Martindale-Hubbell's highest rating. Member: Birmingham (President Elect, 1999; President, 2000, Immediate Past President, 2001; Member, Grievance Committee, 1985-1989; Chairman, Public Relations Committee, 1992; Executive Committee, 1993-1995; Chairman: Medical Liaison Committee, 1997; Chairman, Civil Courts Committee, 1998; Board of Directors, Legal Aid Society, 1999-2001; Chairman, Judicial Liaison Committee, 1999, Nominating Committee, 2005; Member, Civil Courts Committee, 2008; Board Member, Birmingham Bar Foundation, 1995-1998, 2001-2004) and American Bar Associations; Alabama State Bar; American Association for Justice (Sustaining Member); Alabama Association for Justice (Member, Board of Governors, 1980-1985; Member, Executive Committee, 1985); Birmingham Trial Lawyers Association; Southern Trial Lawyers Association; President Alabama Chapter, 2003. Fellow: Roscoe Pound Foundation; International Academy of Trial Lawyers; International Society of Lawyers for Public Service; American Board of Trial Advocates (Advocate); Alabama Bar Institute (Advocate). Practice Areas: Medical Malpractice; Products Liability Law; Personal Injury Law; Wrongful Death Law; Negligence.Email: S. Shay Samples
Bruce J. McKee (Partner) born Florence, Alabama, January 1, 1957; admitted to bar, 1981, Alabama. Education: University of Alabama (B.A., magna cum laude, 1978); Columbia University (J.D., 1981); University of Virginia (LL.M., 1984). Phi Beta Kappa. Staff Attorney, Alabama Supreme Court, Montgomery, 1983-1986. Professor of Law, Jones School of Law, Faulkner University, Montgomery, 1984-1986. Professor of Law and Assistant Dean, 1986-1989; Adjunct Professor, 1989, Cumberland School of Law of Samford University, Birmingham. Member, Alabama Supreme Court Advisory Committees on Rules of Civil Procedure and Rules of Evidence. Member: Birmingham and American Bar Associations; Alabama State Bar; Alabama Law Institute; Alabama Association for Justice; American Association for Justice; National Conference of Commissioners on Uniform State Laws. Practice Areas: Appellate Practice; Complex Litigation; Tort Law.Email: Bruce J. McKee
Michael D. Ermert (Partner) born Fort Worth, Texas, June 17, 1961; admitted to bar, 1990, Alabama, U.S. District Court, Northern, Middle and Southern Districts of Alabama; U.S. Court of Appeals, Eleventh Circuit. Education: University of Alabama (B.A., 1983; J.D., 1990). Phi Kappa Phi; Gamma Beta Phi; Alpha Epsilon Rho; Order of Omega; Order of the Coif (Secretary-Treasurer, 2002-2003; Vice-President, 2004; President, 2005). Hugo L. Black Scholar. Member, Scabbard and Blade. Member, Order of Barristers. Neal C. Newell Scholarship. William G. West, Jr. Scholarship. Member: Alabama Law Review; John A. Campbell Moot Court Board, 1989-1990; National Trial Advocacy Team, 1989, 1990; Bench and Bar Legal Honor Society, 1989-1990; Farrah Law Society, 1987. Author: "Mental Disorder in Witnesses: An Overview of Competency and Credibility Issues," Vol. 41, Alabama Law Review 167, Fall, 1989; "Jury Selection - As Much An Art As It Is A Science," 2003 Winter Alabama Trial Lawyers Association Journal; "Medical Malpractice-Understanding the Basics," 2002 Winter Alabama Trial Lawyers Association Journal; "Life May Be Like a Box of Chocolates but Production Is No Longer Just a Box of Documents: The Basics of Electronic Discovery," 2008 Winter Alabama Association For Justice Journal. Member: Birmingham Bar Association (Member: Executive Committee, 2006-2008; Co-Chairman, Task Force on Professionalism, 2000-2003; Courts and Legislation Committee, 2004; Judicial Liaison Committee, 2003; Grievance Committee, 1992, 1994, 1995, 1999, 2001; Group Chairman, 2000; Professional Ethics Committee, 1993; Civil Courts Procedures Committee, 1995-1997, Chairman, 1996; Special Assignments Committee, 1995; Community Education Committee, 1996; Speakers Bureau Committee, 2002, Chairman, 1998; Young Lawyer's Section, Executive Committee, 1992-1996; Vice President, Public Service, 1995; Treasurer, 1994); Alabama State Bar; Alabama Association for Justice; Member, Editorial Board of Alabama Association for Justice Journal, 1995; Member, Board of Governors, 1994-1999; Executive Committee, 1999-2007; Board of Directors, 2008; Treasurer, 2009); American Association for Justice; Birmingham Bar Foundation (Member, Board of Directors, 2009). [Capt., U.S. Army, 1983-1987]. Practice Areas: Products Liability Law; Personal Injury Law; Wrongful Death Law; Medical Malpractice; Negligence; Torts.Email: Michael D. Ermert
Nolan Edward Awbrey (Partner) born New Orleans, Louisiana, December 31, 1969; admitted to bar, 1995, Georgia; 1996, Alabama, U.S. District Court, Northern, Southern and Middle Districts of Alabama, U.S. District Court, Northern District of Georgia. Education: Auburn University; Georgia State University (B.S., 1992); Cumberland School of Law of Samford University (J.D., 1995);. Million Dollar Advocates Forum; Recipient: Trial Board Scholarship Award; Joseph M. Brown Scholarship Award; Dean's Scholarship Award. Director, Trial Advocacy Board, 1994-1995. Member, National Trial Advocacy Team, 1995. CLE Speaker, recent $42.5 million dollar settlement against Tyson Foods; numerous multi-million dollar settlements of personal injury, medical malpractice and nursing home abuse cases; multi-million dollar jury verdicts. Member: Alabama State Bar; State Bar of Georgia; American Bar Association; American Association for Justice; Alabama Association for Justice; Georgia Trial Lawyers Association. Practice Areas: Personal Injury; Wrongful Death; Medical Malpractice; Insurance and Bad Faith; Product Liability; Nursing Home Abuse; Stockbroker Liability.Email: Nolan Edward Awbrey
Don McKenna (Partner) born Pittsburgh, Pennsylvania, May 4, 1970; admitted to bar, 1995, Alabama and U.S. District Court, Northern, Southern and Middle Districts of Alabama; 1996, U.S. Court of Appeals, Eleventh Circuit. Education: Auburn University (B.S., Finance, 1992); Cumberland School of Law of Samford University (J.D., 1995). Member, Spades Senior Honors Society. Recipient, Scholar of Merit Award, Toxic Torts. Member, Cumberland Law Review, 1993-1994. Active CLE speaker and short-term mission worker. Member: Birmingham and American Bar Associations; Alabama State Bar; Alabama Association for Justice (Member, Executive Committee); American Association for Justice. Reported Cases: Busby v. JRHBW Realty, Inc., 2009 WL 1181 902 (N.D. Ala. April 20, 2009); 513 F.3d 1314 (11th Cir. 2008); U.S. ex rel Sanders v. Allison Engine Co. 128 S. CT. 2123, 170 L.Ed. 2d 1030 (2008); 471 F.3d 610 (6th Cir. 2006); U.S. ex rel Pogue v. Diabetes Treatment Centers of America 565 F.Supp. 2d 153 (D.D.C. 2008); 238 F. Supp. 2d 258 (D.D.C. 2002); U.S. ex rel Johnson v. Shell Oil Co. 33 F.Supp 2d 528 (E.D. Tex 1999). Practice Areas: Personal Injury; Wrongful Death; Motor Vehicle Accidents and Injuries; Products Liability; Consumer Fraud; False Claims Act Litigation; Class Actions; Insurance Fraud; Toxic Torts.Email: Don McKenna
Matthew C. Minner (Partner) born Louisville, Kentucky, October 4, 1970; admitted to bar, 1996, Alabama; U.S. Court of Appeals, Eleventh Circuit; U.S. District Court, Northern, Middle and Southern Districts of Alabama. Education: University of Kentucky (B.A., with highest distinction, 1993); Vanderbilt University School of Law (J.D., 1996). Phi Beta Kappa. Recipient: Presidential Scholarship; W.B. Sturgill Scholarship. Weldon White Scholar Award. Board Certified Civil Trial Specialist. Member, Executive Board, Vanderbilt Bar Association. Law Clerk to the Honorable C. Lynwood Smith, Jr., U.S. District Court, Northern District of Alabama, 1996-1997. Member: Birmingham Bar Association (Member, Executive Committee, Young Lawyers Section); American Bar Association; Alabama State Bar (Member, Executive Committee, Young Lawyers Section); American Association for Justice; Alabama Association for Justice (Member: Board of Governors; Executive Committee); Alabama Leadership Forum Graduate; Birmingham Leadership Initiative. (Board Certified Civil Trial Specialist by the National Board of Trial Advocacy). Languages: German. Practice Areas: Medical Malpractice; Personal Injury; Wrongful Death; Products Liability.Email: Matthew C. Minner
ASSOCIATES
James R. Moncus, III (Associate) born Birmingham, Alabama, July 7, 1976; admitted to bar, 2003, Alabama and Tennessee; U.S. District Court, Middle, Northern and Southern Districts of Alabama; U.S. Court of Appeals, Sixth and Eleventh Circuits. Education: Auburn University (B.A., 2000); Vanderbilt Law School (J.D., 2003). Author: "The Marriage of the False Claims Act and the Freedom of Information Act," Vol. 55, Vanderbilt Law Review, 2002; "Corporate Governance Reform and Reemergence from Bankruptcy: Putting the Structure Back in Restructuring," Vol. 55 Vanderbilt Law Review, 2002. Member: Birmingham (Member, Young Lawyers Executive Committee) and Tennessee Bar Associations; Alabama Association for Justice (Member, Executive Committee); Tennessee Trial Lawyers Association; The American Association for Justice (Member, New Lawyers Division; Member, Board of Governors); The Birmingham American Inn of Court. Reported Cases: Busby v. JRHBW Realty, Inc. d/b/a REALTYSOUTH, 513 F.3d 1314, 69 Fed.R.Serv.3d 1329, 21 Fla. L. Weekly Fed. C 308, (11th Cir. 2008) January 17, 2008 (NO. 06-15308); Morales v. Barnett, 978 So.2d 722 (Ala. Civ. App. 2006); Ex parte Barnett, 978 So.2d 729 (Ala. 2007); U.S. ex rel. Church v Mississippi Baptist Health Systems, Inc., 2005 WL 2375161 (S.D. Miss. 2005); Thomas v. Williams, ---So.2d ---, 2008 WL 4952466 (Ala. Civ. App. 2008); Roberson v American General Life & Acc. Ins. Co., 607 F.Supp.2d 1248 (N.D. Ala. 2009); Mayo v Lawter, 974 So.2d 312 (Ala. Civ. App. 2007); In re Worldcom, Inc., 347 B.R. 123, 46 Bankr.Ct.Dec. 246 (Bkrtcy. S.D.N.Y. 2006). Practice Areas: False Claims Act; Whistleblower Litigation; Class Actions; Personal Injury; Medical Malpractice; Products Liability; Wrongful Death.Email: James R. Moncus, III
S. Hughston Nichols (Associate) born Charlotte, North Carolina, February 12, 1981; admitted to bar, 2006, Alabama; U.S. District Court, Northern, Middle and Southern Districts of Alabama. Education: University of Alabama (B.S., Management, 2003; J.D., 2006). Member: Birmingham Bar Association (Member, Medical Liaison Committee, 2008); Alabama State Bar (Member, Young Lawyer's Section Executive Committee, 2007); Alabama Association for Justice. Practice Areas: Plaintiffs Personal Injury; Wrongful Death; Negligence; Medical Malpractice; Construction Law.Email: S. Hughston Nichols
COUNSEL
James O. Haley (1912-2002).
Ralph D. Cook (Of Counsel) born Birmingham, Alabama, April 29, 1944; admitted to bar, 1968, Alabama; 1973, California. Education: Tennessee State University (B.S., 1964); Howard University (J.D., 1967). Sigma Rho Sigma; Honor Society; Sigma Delta Tau. Dean, 1976-1990 and Law Professor, 1974-1999, Miles Law School. Alabama District Judge, 1977-1981; Alabama Circuit Judge, 1981-1993; Supreme Court of Alabama, 1993-2000. Member: Birmingham, American, Bessemer and National (Life Member, since 1970) Bar Associations; Alabama State Bar; State Bar of California; Alabama Lawyers Association (President, 1992-1993); Alabama Association for Justice, (formerly Alabama Trial Lawyers Association; President, 2006-2007); The Association of Trial Lawyers of America; American Law Institute; American College of Trial Lawyers. Practice Areas: Personal Injury; Wrongful Death; Products Liability; Class Actions.Email: Ralph D. Cook