Cases
Representative Matters: General Cases with Published Opinions: Harper v. Professional Probation Services, Inc., 976 F.3d 1236: (11th Cir. 2020)Filed an Amicus Curiae brief for two probation executives supporting an Eleventh Circuit appeal, with the case reversed on the grounds addressed in the amicus brief.
Casey v. Beeker, No. 1190400, 2020 WL 5268491: (Ala. 2020)Filed an action against the three Alabama Public Service Commission members for violating Alabama's Open Meetings Act, with the Supreme Court affirming dismissal on the ground that the meeting was not a meeting under the Act because the Commissioners did not deliberate with each other during the meeting.
United States v. AseraCare, Inc., 938 F.3d 1278: (11th Cir. 2019) Affirming as objective falsehood required for liability as to prognosis for patients' eligibility for Medicare hospice benefit
rem
ing for consideration of additional evidence
City of Tuscaloosa v. Harcros Chemicals, Inc., 158 F.3d 548: (11th Cir. 1999) Reversing summary judgment
rem
ing case for further hearing on admissibility of expert testimony under Daubert
United States v. AseraCare, Inc., 176 F. Supp. 3d 1282: (N.D. Ala. 2016) Granting judgment as a matter of law in favor of defendants based on lack of evidence of falsity other than expert physician's differing clinical judgments
Stephens v. Haley, 823 F. Supp. 2d 1254: (S.D. Ala. 2011) Awarding death row inmate new trial based on prosecution's Batson violations during 1987 trial
Terry & Carolyn Parker v. J.C. Penny Life Insurance Co., 980 So. 2d 409: (Ala. Civ. App. 2007) Affirming summary judgment for insurers on grounds that the plaintiffs failed to cooperate with the insurers' investigation
that the deceased was not a covered insured under the policies
Ex parte Stephens, 907 So. 2d 1094: (Ala. Crim. App. 2005) Granting petition for writ of m
amus to permit death row post-conviction petitioner to pursue out-of-time appeal
Ex parte Gadsden Regional Medical Center, 904 So. 2d 234: (Ala. 2004) Holding that hospital's peer review records were confidential
requiring them to be filed under seal
Ex parte Boykin, 611 So. 2d 322: (Ala. 1992) Granting writ of m
amus
holding that assignment of civil case to equity division of civil court violated the Alabama Constitution
State of Florida ex rel. Butterworth v. Industrial Chemicals, Inc., 145 F.R.D. 585: (N.D. Fla. 1991) Denying State of Florida's motions
thus allowing discovery of civil investigative dem
depositions taken by the state
Employee Benefits Cases with Published Opinions: Duncan v. Muzyn, 885 F.3d 422: (6th Cir. 2018) Affirming summary judgment on remaining issues in favor of plan
against present
former participants of the Tennessee Valley Authority Retirement System
Duncan v. Muzyn, 833 F.3d 567: (6th Cir. 2016) Affirming in part
reversing in part summary judgment against present
former participants of the Tennessee Valley Authority Retirement System asserting class claims challenging reductions of retirement benefits
Ex parte Bonner, 171 So. 3d 614: (Ala. 2014) Granting petition for writ of m
amus
ordering dismissal of putative class claims alleging breach of fiduciary duty as to state pension plan's investment policy, based on sovereign immunity
Blankenship v. Metropolitan Life Ins. Co., 644 F.3d 1350: (11th Cir. 2011) Reversing judgment in favor of plaintiff
rendering judgment for defendant insurer, holding that denial of ERISA disability benefits was not arbitrary
capricious
Cosgrove v. Raytheon Co. Long Term Disability Plan, 277 Fed. Appx. 879: (11th Cir. 2008) Affirming summary judgment
holding that burden under ERISA of establishing disability remained on a plaintiff even though disability benefits had been paid
then terminated
McCay v. Siemens Corp., 247 Fed. Appx. 172: (11th Cir. 2007) Affirming summary judgment for defendants on claims seeking job separation benefits
holding that ERISA provision restricting plan mergers was inapplicable
Piazza v. EBSCO Industries, Inc., 273 F.3d 1341: (11th Cir. 2001) Reversing class certification of claims alleging that ERISA fiduciaries incorrectly valued stock of plan sponsor
Herman v. South Carolina National Bank, 140 F.3d 1413: (11th Cir. 1998) Reversing summary judgment
holding that Secretary of Labor's claims were not bared by ERISA plan participants' prior class action settlement of claims for same damages
based on same alleged acts
Lawrence v. Nation, 192 F. Supp. 3d 1260: (M.D. Ala. 2016) Holding that a faith-based organization was a church as defined under ERISA
thus employee benefit plan qualified as a church plan exempt from ERISA
Scarpula v. Bayer Corporation Disability Plan, 514 F. Supp. 2d 1262: (N.D. Ala. 2007) Holding plaintiff entitled to own occupation disability benefits
rem
ing claim to administrator to evaluate claim for any occupation disability benefits
Wilcox v. St
ard Ins. Co., 340 F. Supp. 2d 1266: (N.D. Ala. 2004) Granting motion for summary judgment
holding state statute as to delivery of policy to be preempted by ERISA
Adair v. Johnston, 221 F.R.D. 573: (M.D. Ala. 2004) Denying motion for class certification of ERISA reporting
disclosure claims based on indefiniteness of class definition
Fitzgerald v. Bestway Services, Inc., 284 F. Supp. 2d 1311: (N.D. Ala. 2003) Denying motion to rem
ERISA claims
adopting the last served defendant rule for timeliness of removal
Revells v. Metropolitan Life Ins. Co., 261 F. Supp. 2d 1359: (M.D. Ala. 2003) Granting summary judgment
holding that bad faith claim was not saved from ERISA preemption
that offsets for Social Security payments did not violate Social Security Act
Blaylock v. Mutual of New York Life Ins. Co., 228 F. Supp. 2d 778: (S.D. Miss. 2002) Denying motions to rem
for 42 plaintiffs participating in 10 non-governmental plans
holding that the plans did not fall within the payroll deduction safe harbor exclusion from ERISA preemption
Bridges v. Principal Life Ins. Co., 132 F. Supp. 2d 1325: (M.D. Ala. 2001) Holding that ERISA completely preempts claims alleging fraudulent inducement based on alleged representations that individual adjustable life insurance policy was a retirement plan
Bridges v. Principal Life Ins. Co., 141 F. Supp. 2d 1337: (M.D. Ala. 2001) Holding that ERISA completely preempts claim for fraudulent inducement against employed insurance agent
In re Amsted Industries Inc. ERISA Litigation, 162 F. Supp. 2d 697: (J.P.M.L. 2001) Represented the employer
initial target defendant in 14 consolidated class actions of plan participants of an ESOP. Granting defendants' motions to transfer all related actions to the N.D. Ill.
consolidating all actions
Sorrells v. Sun Life Assurance Co. of Canada, 85 F. Supp. 2d 1221: (S.D. Ala. 2000) Granting summary judgment in favor of insurer as to claim for accidental life
dismemberment benefits
holding that plan language requiring proof satisfactory to insurer was sufficient under ERISA to require discretionary review
Blue Cross
Blue Shield v. Nielsen, 917 F. Supp. 1532: (N.D. Ala. 1996) Holding that Alabama Assignment Act, Alabama Dental Act
Alabama Pharmacy Act were not saved from ERISA preemption
affirmed in part, vacated in part, 142 F.3d 1375 (11th Cir.)
Complete Health Inc. v. Rasberry, 864 F. Supp. 1129: (N.D. Ala. 1994) Granting summary judgment
holding that ERISA plan excluded coverage for bone marrow transplant
Martin v. Rutledge, 807 F. Supp. 693: (N.D. Ala. 1992) Holding that civil action seeking to require corporate officer to make restitution to pension plan did not violate his double jeopardy rights after criminal conviction of same officer requiring him to make same restitution
