E.L. McCafferty III

Mac’s Profile

Mac has over 35 years of experience as a civil litigator in state and federal court in Mobile and south Alabama.  His practice focuses on complex commercial and personal injury litigation.  He has handled business auto and trucking liability claims, construction defect and home inspection claims, toxic tort litigation (including asbestos claims), business premises liability claims, insurance coverage litigation and professional E&O litigation including claims against insurance agents and brokers and insurance agencies.  Mac has extensive first-chair trial experience, as well as substantial experience in mediation and arbitration.  Mac served as general counsel for the Yellow Cab Company of Mobile for 20 years.  Mac received his BA degree and JD degree from the University of Alabama.  Following graduation from law school, Mac served as a Second Lieutenant in the United States Army.  After his discharge from the Army, Mac served as a law clerk to Justice Robert B. Harwood on the Alabama Supreme Court before entering private practice in Mobile.

Mac’s Experience

Mac has first chair trial experience in the following areas:

  • Suits against insurance agencies and E&O claims against insurance agents and brokers
  • Suits involving construction defects and insurance coverage for construction defect claims
  • Suits against trucking companies and taxi cab operators.  This includes suits involving commercial autos, business service vehicles, straight trucks, over the road vehicles.
  • Industrial accident cases in chemical plants, paper mills and other industrial facilities in south Alabama.  These claims include chemical exposures, product failures and premises liability.
  • Premises liability and false arrest cases against local and national retail business owners and grocery store operators
  • Defense of asbestos claims for over 20 years.  Mac tried the first asbestos case tried in Alabama.  He served as Alabama counsel for Rapid American Corporation for over 10 years.
  • Worker’s compensation and retaliatory discharge cases for self-insured, self-administered employers and worker’s compensation insurance carriers
  • Environment suits alleging soil and water runoff from construction sites and ammonia release from seafood cold storage facilities on the Alabama Gulf Coast
  • Insurance coverage including the additional insured endorsement.  Mac handled the leading case in Alabama on the A.I. endorsement entitled AEC v. Bailey’s Construction Co.
  • Suits against mobile home manufacturers and dealers, primarily in arbitration proceedings
  • Suits against home inspectors licensed in Alabama.

Reported cases:

  • Love v. City of Mobile, 724 F. Supp.2d 1208 (S.D. Ala.)
  • Fowler v. Johnson, 961 So.2d 122 (Ala.)
  • Alabama Elec. Co-op, Inc. v. Bailey’s Const. Co., Inc., 950 So.2d 280 (Ala.)
  • Johnson v. Southern Energy Homes, Inc., 391 F.Supp.2d 1118 (S.D. Ala.)
  • Mobile Airport Authority v. HealthSTRATEGIES, Inc., 886 So.2d 773 (Ala.)
  • Defleron v. Gulf Agency, Inc., 815 So.2d 564 (Ala. Civ. App.)
  • Ex parte Certain Underwriters at Lloyd’s of London, 815 So.2d 558 (Ala.)
  • Johnston v. Foster-Wheeler Constructors, Inc., 158 F.R.D. 496 (M.D. Ala.)
  • Clark v. Mobile County Health Dept., 628 So.2d 787 (Ala. Civ. App.)
  • Bituminous Ins. Co. v. Mobile County Health Dept., 628 So.2d 700 (Ala. Civ. App.)
  • Pate v. Central Reserve Life Co., 1996 U.S. Dist. LEXIS 3578 (S.D. Ala.)
  • Horne v. Patton, 291 Ala. 701 (Alabama Supreme Court)
  • Reed v. Brunson, 527 So.2d 102 (Alabama Supreme Court)
  • Riding v. Armstrong World, 627 F. Supp. 1057  (S.D. Ala.)
  • Commercial Union Assurance Co. v. Zurich American Ins. Co., 471 F. Supp. 1011 (S.D. Ala.)
  • Kimble v. East Chicago Mach. Tool Corp., 1995 U.S. Dist. LEXIS 3659 (S.D. Ala.)
  • Stuart Constr. Co., Vulcan Life Ins. Co., 291 Ala. 650 (Alabama Supreme Court)
  • Armistead v. Harold Allen’s Mobile Home Factory Outlet, 1999 U.S. Dist. LEXIS 14432 (S.D. Ala.)
  • Board of Water & Sewer Comm’rs v. Alabama Power Co., 363 So.2d 304 (Alabama Supreme Court)
  • Allied Paper v. Davis, 342 So.2d 363 (Ala. Civ. App.)
  • Sheetz, Aiken & Aiken, Inc. v. Spann, Hall, Ritchie, Inc., 512 So.2d 99 (Alabama Supreme Court)
  • Strickland v. National Gypsum Co., 348 So.2d 496 (Alabama Supreme Court)
  • W.T. Ratliff Co. v. Purvis, 292 Ala. 171 (Alabama Supreme Court)
  • Slay v. McKean Paint & Hardware Store, Inc., 55 Ala. App. 487 (Ala. Civ. App.)
  • Carroll v. Pinkerton’s, Inc., 1990 U.S. Dist. LEXIS 5761 (S.D. Ala.)
  • Hill v. Delchamps Food Stores, 294 Ala. 14 (Alabama Supreme Court)
  • Doss v. Harold Allen’s Mobile Home Factory Outlet, Inc., 1999 U.S. Dist. LEXIS 12069 (S.D. Ala.)
  • Havelin v. Poole Truck Lines, Inc., 395 So.2d 75 (Ala. Civ. App.)
  • Harville v. Johns-Manville Products Corp., 731 F.2d 775 (11th Cir. Ct. of App.)
  • Carol Ann BARNES, v. WORLDWIDE MOVING, INC., a corporation,…  2011 WL 2661133
  • John ALEXANDER, Individually and Shari Alexander, Individually, Plaintiffs, v. MICHLES & BOOTH, P.A., Defendant. 2009 WL 1955079
  • QBE INSURANCE CORPORATION, Plaintiff, v. Lance R. VICKERY, et al., Defendants. 2004 WL 2078081
  • QBE INSURANCE CORPORATION, Plaintiff, v. Thomas NORRIS, Defendant. 2004 WL 2078102
  • Daniel R. BROWN, et al., Plaintiffs, v. ALBANY INTERNATIONAL, et al., Defendants.  2009 WL 6538020


Mac’s Awards

  • Martindale-Hubble AV Preeminent Rating

Mac’s Affiliations & Civic Involvement

Professional Affiliations

  • Membership in the Trucking Industry Defense Association
  • Membership in the Alabama Defense Lawyer’s Association and served the Association as Vice President for the Southern Region
  • Membership in the American Bar Association and the Section on Torts and  Insurance Practice of the ABA
  • Membership in the Claims and Litigation Management Alliance
  • Membership in the Mobile Bar Association, the Alabama Bar Association and the American Bar Association
  • As a member of the Alabama Bar Association, Mac served the Bar as a member of the Board of Bar Examiners administering the Civil Procedure section of the Bar examination

T 251.405.8621
F 251.432.0007
Legal Assistant
Tracy Apker
State Bar:Alabama
U.S. District Court:Alabama(Northern, Middle, Southern)
U.S. Court of Appeals:Fifth Circuit, Eleventh Circuit
U.S. Supreme Court
University of Alabama School of Law (1970, J.D.)
University of Alabama (1967, B.A.)