Appellate and Post-Verdict
OVERVIEW
REPRESENTATIVE CASES

Maynard Cooper’s appellate group matches unparalleled experience with the firm’s cost-effective, team-oriented, and flexible approach to representing clients. Some in our group focus almost exclusively on appeals and dispositive motions, formulating concise and clear arguments in those cases where it is critical to account for the unique perspective appellate judges bring to the table. Others in our group maintain active trial practices, utilizing our substantial experience before juries when we represent clients whose appeals turn on the realities of trial. Our members include a former Chief Justice of the Alabama Supreme Court who served as CEO of a major Alabama corporation and a recent Solicitor General of Alabama who has orally argued two high-profile cases at the U.S. Supreme Court within the last three years. Still other members of our group have successfully briefed and argued important appeals in high-stakes class actions and other complex cases throughout the country. Whether in trial courts or the highest courts in the land, Maynard Cooper’s appellate lawyers have the experience to help our clients achieve the right result.

U.S. Supreme Court

In addition to orally arguing significant cases at the U.S. Supreme Court, our lawyers have filed amicus briefs in other important Supreme Court cases, and our ranks include two former U.S. Supreme Court clerks.

State Appellate Courts

Our group’s attorneys have unmatched experience before the Alabama Supreme Court in recent times, having argued six cases in the Court since the fall of 2012, and have helped clients prevail in appellate courts throughout the United States.

Federal Courts of Appeals

Many of us have served as clerks to judges on the federal courts of appeals, and we have successfully argued important cases in recent times in not only the Eleventh Circuit but also the Second, Fourth, Fifth, Eighth, and Ninth Circuits.

Trial Courts

Just as important as our presence in appellate courts, we employ our group’s attorneys on trial teams in complex litigation, where they focus on drafting dispositive motions and preserving objections while other members of the trial team focus on developing the factual record.

Postjudgment Motions

Attorneys in our group have assumed responsibility from other firms for postjudgment motions following adverse verdicts, formulating arguments that have led courts to reverse of substantially alter multi-million-dollar judgments.

Appellate Mediation

As appellate judges have increasingly encouraged parties to mediate and settle their cases short of briefing and oral argument, members of our group have repeatedly utilized that process to help clients favorably resolve their cases.

Associate Experience

Consistent with our commitment to cost-effectiveness and flexibility, we have developed an unusually talented associate bench whose experience includes oral arguments in high-stakes appeals, service as appellate attorneys for the government, and clerkships with appellate judges.

Representative Cases

Representative appellate cases since 2010 include:

  • Ex parte Birmingham Airport Auth., 2018 WL 4656625, — So.3d —- (Ala. Sept. 28, 2018) (obtained writ of mandamus requiring dismissal of all claims against client due to statutory immunity defense)
  • Black Diamond Land Management, LLC v. Twin Pines Coal Company,  No. 16-15240, 2017 WL 3635178 (Aug. 24, 2017) (upholding dismissal of action under Lanham Act, RICO, and Sherman Act)
  • Landeros v. Pinnacle Recovery, Inc., 692 Fed. App’x. 608 (11th Cir. 2017) (successfully defended, by court appointment, judgment of district court declining to certify class action under Fair Debt Collection Practices Act)
  • James v. Total Solutions Inc., 691 Fed. App’x 572 (11th Cir. 2017) (successfully defended summary judgment entered for client in employment case)
  • Ingalls v. U.S. Space & Rocket Ctr., 679 Fed. Appx. 935 (11th Cir. 2017) (successfully argued and defended dismissal of employment claims brought against state agency)
  • Mendel v. Morgan Keegan & Co.700 Fed. App’x 994 (7th Cir. 2017) (ruling for client in arbitration case)
  • United States v. Parker, 696 Fed. App’x 443 (11th Cir. 2017) (affirming verdict in matter where court appointed firm as special prosecutor for contempt charge)
  • DeCoursey v. Am. Gen. Life Ins. Co.822 F.3d 469 (8th Cir. 2016) (in insurance case, orally argued and defended summary judgment issued on plaintiff’s claims against client and obtained reversal of summary judgment on client’s counterclaim against plaintiff)
  • Stein v. Regions Morgan Keegan Select High Income Fund, Inc., 821 F.3d 780 (6th Cir. Tenn. 2016) (affirming dismissal of securities claims)
  • Broadband iTV, Inc. v. Hawaiian Telcom, Inc., 669 Fed. App’x 555 (Fed. Cir. 2016) (finding for client in patent case)
  • Kohser v. Protective Life Corp., 649 Fed. App’x 774 (11th Cir. 2016) (upholding summary judgment in Title VII case)
  • Lewis v. Delaware Charter Guarantee & Tr. Co., 642 Fed. App’x 23 (2d Cir. 2016) (upholding dismissal of claims for breach of fiduciary duty and breach of contract)
  • Levitt v. Southwest Airlines Co. (In re Southwest Airlines Voucher Litig.), 799 F.3d 701 (7th Cir. Ill. 2015) (affirming ruling approving class-action settlement)
  • Pugh v. El Paso Corp. Pension Plan, et al., 617 Fed. App’x 964 (11th Cir. 2015) (affirming favorable judgment in ERISA case)
  • Glenn v. Am. United Life Ins. Co., 604 Fed. App’x 893 (11th Cir. 2015) (affirming favorable judgment in ERISA case)
  • Comptroller of Treasury of Md. v. Wynne135 S. Ct. 1787 (2015) (on team that filed amicus brief for state and local government groups in case concerning power of government to tax income earned out of state)
  • Gilley v. S. Research Inst.176 So. 3d 1214 (Ala. 2015) (successfully defended summary judgment for client against contract and fraud claims relating to intellectual-property issues)
  • Sentinel Ins. Co. v. Ala. Mun. Ins. Corp.No. 1130841, __ So. 3d ___, 2015 WL 5658755 (Ala. Sept. 25, 2015) (obtained reversal of trial court’s decision on insurance-coverage dispute)
  • Hasting v. Bentley, No. 1150009 (pending) (defending Governor against suit challenging his decision to remove Confederate flags from state capitol)
  • Rismed Oncology Sys., Inc. v. Baron, 638 Fed. Appx. 800 (11th Cir. 2015) (obtained affirmance of dismissal of fraud claims)
  • Lindsey v. Baptist Hospital, Inc., 155  So. 3d 90 (Ala. 2014) (mem.) (rejecting plaintiff’s tort claims arising from hospital peer-review process)
  • Grammas v. Ritter, No. 1120854 (Ala. Feb. 14, 2014) (aff’d mem.) (affirming trial court’s entry of judgment for firm client in complex derivative securities action)
  • Magnolia Hospitality, Inc. v. SynovusNo. 1121213 (Ala. Feb. 14, 2014) (aff’d mem.) (affirming trial court’s dismissal of commercial claims brought against firm client)
  • Ala. Psychiatric Servs., P.C. v. A Ctr. for Eating Disorders, L.L.C.148 So.3d 708 (Ala. 2014) (holding that firm client was entitled to judgment as matter of law in complex commercial case filed by another company)
  • Bliss & Glennon, Inc. v. Ashley420 S.W. 3d 379 (Tex. App. – Hous. (1st Dist.) 2014) (reversing trial court’s order certifying nationwide class action against firm client in data breach case; our firm was first engaged after the trial court’s class certification order was entered and appeal notice was filed)
  • In re Bliss & Glennon, Inc.420 S.W. 3d 379 (Tex. App. – Hous. (1st Dist.) 2014), (granting firm client’s mandamus petition as to trial court’s violation of stay; our firm was first engaged after trial court’s orders were entered)
  • Band v. Twin City Fire Ins.545 Fed.Appx. 950 (2013) (holding that firm client was entitled to dismissal of bad-faith legal malpractice coverage suit)
  • CNH America v. Ligon Capital, LLC160 So.3d 1195 (Ala. 2013)(affirming a landmark $11.4 million verdict that firm obtained for one of its most longstanding clients at trial against another company in complex commercial dispute)
  • Wells Fargo Advisors, LLC v. Pritchard, 122 So. 3d 791 (Miss. Ct. App. 2013) (holding that firm client was entitled to enforce an arbitration provision in trustee agreement)
  • Goodner v. Clayton Homes, Inc.,  No. 12–8021, 2013 WL 5194113 (8th Cir. Sept. 16, 2013) (holding that firm client was entitled to remove class action from state court to federal court).
  • CMH Homes, Inc. v. Goodner, 729 F.3d 832 (8th Cir. 2013) (vacating district court’s order dismissing firm client’s petition to compel arbitration)
  • Lawson v. Life of the South Insurance Company, No. 12-90036-A (11th Cir. Dec. 7, 2012) (denying plaintiff’s Rule 23(f) petition to appeal from district court’s order granting defendant’s motion to strike plaintiff’s nationwide class action allegations, 286 F.2d 689 (M.D. Ga. Sept. 8, 2012))
  • Baxley v. Southwest Airlines Co., No. 12-12654, 2012 U.S. App. LEXIS 20688 (11th Cir. Oct. 4, 2012)(affirming district court’s order granting defendant’s motion to dismiss purported nationwide class asserting claim that airline breached a contract with passengers by refusing to accept drink coupons distributed in conjunction with its frequent flyer program)
  • Vanderbilt Mortgage and Finance, Inc. v. Flores, 692 F.3d 358 (5th Cir. 2012) (reversing jury verdict for borrowers on RICO/fraud/statutory claims, rendering judgment for lender, and holding that release of liens on land collateral did not release the debt owed by borrowers for a manufactured home)
  • Pearson, et al. v. Warner, et al., Case No. 1110142, Slip Op. (Ala. Sept. 25, 2012) (affirming grant of complete summary judgment, under application of Delaware law, in favor of majority shareholder, chairman of the board, and board of directors in shareholder action alleging breaches of fiduciary duty, corporate waste, and corporate mismanagement related to recapitalization of the company’s stock)
  • Daniels v. Va. College at Jackson, 478 Fed. Appx. 892 (5th Cir. 2012) (affirming district court’s order compelling arbitration and rejecting claim that clause was unconscionable because it allowed the college to seek a preliminary injunction to halt a student’s ongoing breach of the agreement and prohibited the arbitrator from awarding any damages not measured by the prevailing party’s actual compensatory damages)
  • Metz v. U.S. Life Ins. Co. in the City of New York, 662 F.3d 600 (2d Cir. 2011) (affirming district court order granting defendant’s motion to dismiss purported nationwide class asserting claims for denial of benefits under catastrophic medical insurance policy)
  • Ex parte Morgan Asset Mgt., Inc., 86 So. 3d 309 (Ala. 2011) (granting defendants’ petition for mandamus and ordering trial court to dismiss claims against fund manager and related companies on the basis that the allegations constituted derivative claims and that the plaintiff trust beneficiaries lacked standing to bring a derivative claim)
  • Hartford Fire Ins. Co. v. Mitchell Co., Inc., 440 Fed. Appx. 759 (11th Cir. 2011) (affirming summary judgment and finding that insurer had no liability where executive’s alleged wrongful actions did not constitute “theft” under the policy even if alleged actions did constitute self-dealing in violation of executive’s fiduciary obligations)
  • Porter v. American Cast Iron Pipe Co., 427 Fed. Appx. 734 (11th Cir. 2011) (affirming district court’s denial of petition to vacate arbitration decision that denied claim for gender discrimination in compensation and holding that retroactivity provision of the Lilly Ledbetter Fair Pay Act had no impact on arbitrators’ award because arbitrators had relied on contractual limitations period rather than statutory one and because none of Federal Arbitration Act’s exclusive grounds for vacatur were met)
  • Schwartz v. Merrill Lynch & Co., 665 F.3d 444 (2nd Cir. 2011) (affirming trial court’s denial of motion to vacate arbitration decision that denied claim for gender discrimination in compensation and finding that Lilly Ledbetter Fair Pay Act did not impact the enforcement or application of contractual limitations period)
  • Regions Bank v. Reed, et al., 60 So. 3d 868 (Ala. 2010) (finding, in a decision of first impression, that the Alabama Uniform Trust Code granted the Jefferson County Probate Court full subject matter jurisdiction, concurrent with the Circuit Courts of Alabama, over any and all claims that may be asserted relating to trusts and that the sole claim that can be alleged against a trustee regarding the administration of a trust is a single cause of action for breach of trust)
  • Ex parte Regions Fin. Corp., 67 So. 3d 45 (Ala. 2010) (granting defendants’ petition for mandamus and ordering trial court to dismiss multi-million dollar claims against fund manager and its parent company on the basis that the allegations constituted derivative claims and that the plaintiff shareholders lacked standing to bring a derivative claim)
  • Robinson v. Tyson Foods, Inc., 595 F.3d 1269 (11th Cir. 2010) (affirming application of judicial estoppel to find that debtor’s failure to amend her Chapter 13 bankruptcy petition to include her purported discrimination claim as an asset precluded her from later asserting the claim even though plaintiff repaid her bankruptcy plan 100% before it was discharged)
  • Paine v. Jefferson Nat’l Life Ins. Co., et. al., 594 F.3d 989 (8th Cir. 2010) (affirming summary judgment entered by Eastern District of Arkansas in a life insurance consumer sales fraud case)
  • Olshan Foundation Repair Co. of Mobile, LP v. Schultz, 64 So. 3d 598 (Ala. 2010) (reversing trial court’s denial of motion to compel arbitration and finding sufficient circumstantial evidence of an arbitration agreement despite defendant’s inability to produce copy of signed agreement)
December 14, 2018
MAYNARD COOPER ADDS GOVERNMENT RELATIONS VETERAN RAYMOND BELL AS SHAREHOLDER

Birmingham, Al. Maynard Cooper & Gale is pleased to announce that Raymond L. Bell, Jr. has joined the Firm as a Shareholder in the Government Solutions Practice Group of the Corporate Section.  Bell will practice out of both the Mobile…

November 14, 2018
Hot Issues in the Ongoing Third Party Release Debates

On November 20, 2018, Leland Murphree will be on a webinar panelist for the American Bankruptcy Institute,  “Hot Issues in the Ongoing Third Party Release Debates.”