2320 Arlington Avenue South
Birmingham AL 35205
I am a determined fighter for my clients who does not rest until my clients receive justice or I have done everything possible within the bounds of the law and an ethical representation to achieve excellent results.
My primary areas of practice include:
Â· Sexual Harassment
Â· Accidents & Injuries
Â· Wrongful Death
Â· Criminal Defense
Â· Criminal Appeals
Â· Civil Rights
Top Accomplishments During My Legal Career
Exonerated Death Penalty Client
Quick v. State, 825 So.2d 246 (Ala.Crim.App. 2001) (death penalty appellate victory)
On appeal, an indigent capital murder defendant who had been given the death penalty was given a new trial due to the State failing to give our client a free copy of the transcript from his first trial that ended in a mistrial. Wesley Quick was acquitted (found not guilty) at his new trial.
Shoney's Sexual Harassment Litigation
I represented several teenage employees that were sexually harassed at a Shoney's restaurant. The restaurant's insurance company hired attorneys to represent that restaurant and the sexual harassers. In addition, the insurance company filed a separate lawsuit claiming that it did not have a duty to defend or pay if there was a verdict under the theory that a sexual harassment was an intentional injury and was not covered under the insurance policy.
One of the attorneys representing the restaurant and the sexual harassers made me so mad that I taught myself insurance law and vigorously fought the insurance company's attempt to avoid responsibility for having to pay for the sexual harassment.
After extensive litigation in both cases, the attorneys that were hired to represent the restaurant and the sexual harassers filed a motion to have the lawsuit dismissed and lost on all causes of action including outrage, which is very hard to win under. On the same day, the federal court held that the insurance company had to defend and possibly pay if there was a verdict for my clients in their sexual harassment lawsuit. See Sphere Drake Ins. P.L.C. v. Shoney's Inc., 923 F.Supp. 1481 (M.D.Ala. 1996). After both decisions came out and a jury was selected, the case settled.
Federal Double Jeopardy Appellate Victory
United States v. McIntosh, 580 F.3d 1222 (11th Cir. 1997)
Defendant pled guilty to drug and firearm charges, but before sentencing the Government discovered the indictment alleged a wrong offense date, obtained a second indictment, and moved to dismiss the first indictment. The United States District Court granted that motion. Defendant's motion to dismiss the second indictment as barred by Double Jeopardy was denied. Defendant conditionally pled guilty and appealed.
On appeal, the Eleventh Circuit Court of Appeals held that a second conviction for the same offense violated the Double Jeopardy Clause. The judgment of conviction was vacated and the case was remanded with instructions to dismiss the second indictment.
Inmate Denied Medical Care, Had Seizure, Fell off Top Bunk and Died
Lancaster v. Monroe County, AL, 116 F.3d 1419 (11th Cir. 1997)
When a jail detainee died from complications from alcohol withdrawal due to the Sheriff and his jailers failing to obtain medical care for the detainee, the Eleventh Circuit Court of Appeals held the Sheriff and his jailers were not entitled to immunity.
Most people do not realize that whenever a civil rights lawsuit is filed, police officers are allowed to plead qualified immunity and often have the case dismissed at the trial court level after extensive litigation has occurred. If the case is not dismissed at the trial level, the police officers are then allowed to appeal where the appellate court can dismiss the case on immunity. Hence, it takes years for a civil rights case to ever make it to a jury, and most civil rights cases do not ever make it to a jury.
In the Lancaster case, after extensive litigation and less than one week before the trial date, the case was thrown out on qualified immunity grounds at the federal trial court level. I appealed and won this case. It settled thereafter.
Wrongful Death of Jessie Johnson and John McGahagin
In two separate lawsuits, handicapped passengers were being transported in their wheelchairs. The defendant's employees failed to properly secure my clients, causing the wheelchairs to flip over and injure my clients. It is common for elderly individual to die within six months to a year if they receive significant injuries. Unfortunately, both of my clients died from their injuries; the accidents did not cause my clients' deaths, but the accidents did contribute to my clients'Â deaths, so I filed wrongful death lawsuits. After extensive discovery, both cases settled.
HealthSouth Criminal Case
United States of America v. Rebecca Kay Morgan, et. al. (unpublished opinion from Eleventh Circuit Court of Appeals - Case number 03-16408) (appellate victory on behalf of some HealthSouth defendants)
I (along with the substantial assistance of other firms) successfully played a key role in writing the appellate brief in opposition to the Government's arguments for jail time and restitution for five HealthSouth managers.
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