When the former Maynard Cooper and Nexsen Pruet firms came together, we assembled an appellate group that is second-to-none in its ability to help clients succeed. This team, which includes a deep bench of associates in the Litigation and Insurance groups who clerked for federal circuit judges and state Supreme Court justices, could have worked at any firm in the country, but we chose this firm because of values we share.

Unsurpassed success in the Southeast.

No appellate group brings more experience to bear in the Fourth and Eleventh Circuits. The legacy Nexsen side of our team changed the game when former Judge Billy Wilkins joined the firm after retiring from the Fourth Circuit. His background and our other attorneys’ experience makes our firm the go-to in any high-stakes Fourth Circuit case. Meanwhile, Alabama “tort hell” veteran Lee Bains and former U.S. Supreme Court clerk and Alabama Solicitor General John Neiman had helped legacy Maynard develop a first-tier-ranked appellate practice in the Eleventh Circuit. Our team has repeatedly won reversals of jury verdicts in the Alabama state courts, including recent ones of $11.5 million and $18 million. We have more former Alabama Supreme Court clerks—Tommy Buck, Madison Peace Nye, Jordan LaPorta, and Zach Gillespie—than any other firm. Our recent Eleventh Circuit clerks include Mary Mangan, Reeves Jordan, Braden Morell, and Mollie Gillis Hughes.

National platform, national results.

Clients who have seen our cost-effective work in the southeast have had us go national. Recent years have seen our attorneys winning appeals for these clients in the Fifth, Sixth, Seventh, Eighth, and—in a case orally argued in Pasadena by former Ninth Circuit clerk Caleb Wolanek—Ninth Circuits. When a federal court of appeals certified a question that could have upended the insurance industry to New York’s highest state court, our team orally argued the case in Albany and secured the win. We have repeatedly represented clients in California state court and have orally argued cases in the California Supreme Court. One national client has retained us to formulate a national litigation strategy in the U.S. Supreme Court and every federal circuit.

Transcending traditional appellate models.

One of the highest and best uses of our group is making sure things don’t go off the rails at trial. Both locally and nationally, our attorneys frequently serve as appellate counsel on trial teams—advising on strategic objections, issue preservation, and obtaining judgments as a matter of law on significant claims before they ever go to a jury.

Representative Cases

Representative appellate cases since 2010 include:

• Adams v. 3D Systems, Inc., No. 23-1147, 2024 WL 177696 (4th Cir. Jan. 17, 2024) (successfully defended the grant of summary judgment on Title VII claims)
• Advance Trust & Life Escrow Services, LTA v. Protective Life Insurance Co., 93 F.4th 1315 (11th Cir. 2024) (successfully defended the grant of judgment on the pleadings in a putative class action as to whether an cost-of-insurance rates had to be exclusively “based on” expectations as to future mortality experience) (orally argued)
• Bibi v. VxL Enterprises, LLC, No. 23-15367, 2024 WL 1756099 (9th Cir. Apr. 24, 2024) (successfully defended the grant of summary judgment in an employment case arising under 42 U.S.C. § 1981)
• Carlisle v. Rhodes & Rhodes Family Dentistry, No. 22-13901, 2024 WL 621421 (11th Cir. Feb. 14, 2024) (successfully defended the grant of summary judgment on Title VII claims)
• Green Rock LLC v. Internal Revenue Service, 104 F.4th 220 (11th Cir. 2024) (successfully defended a district-court ruling that the IRS unlawfully promulgated Notice 2017-10)
• Lemons v. Principal Life Insurance Co., No. 22-12064, 2024 WL 1480369 (11th Cir. Apr. 5, 2024) (successfully defended a favorable jury verdict and the denial of mental-anguish damages in a disability insurance case) (orally argued)
• Lincoln Life Assurance Co. of Boston v. Meade, No. 23-3328, 2024 WL 2826118 (7th Cir. Feb. 28, 2024) (obtained an early, contested dismissal of an appeal for lack of jurisdiction)
• Pacific Life Insurance Co. v. Blevins, 92 F.4th 734 (8th Cir. 2024) (successfully defended the grant of summary judgment in a breach-of-contract and bad-faith lawsuit concerning whether an insurance policy was delivered and accepted) (orally argued)
• Roeder v. Guardian Life Insurance Co., No. 22-56226, 2024 WL 1612256 (9th Cir. Apr. 15, 2024) (successfully defended judgment in client’s favor in a long-term disability case under ERISA) (orally argued)
• Sloan v. Drummond Co., 102 F.4th 1169 (11th Cir. 2024) (convinced the court that it lacked appellate jurisdiction, resulting in a dismissal of an appeal)
• Sykes v. Majestic Mississippi, LLC, ___ So. 3d ___, 2024 WL 655794 (Ala. Feb. 16, 2024) (obtained affirmance of summary judgment for casino in case brought by passengers of a charter bus involved in accident while traveling to the casino)
• Allen v. Milligan, 599 U.S. 1 (2023) (represented an economic-development organization as amicus curiae in a voting-rights case)
• Anvar v. Dwyer, 82 F.4th 1 (1st Cir. 2023) (represented the Center for Alcohol Policy as amicus curiae in a Dormant Commerce Clause challenge to state alcohol laws)
• Clark v. Transamerica Life Insurance Co., No. 20-16756, 2023 WL 3143689 (9th Cir. Apr. 28, 2023) (successfully defended the dismissal of a putative class action for breach of contract and insurance bad faith regarding whether provisions of the California Insurance Code apply extraterritorially).
• Cordero v. Transamerica Annuity Service Corp., 211 N.E.3d 663 (N.Y. 2023) (successfully opposed the imposition of liability on clients for court-approved sales of structured settlements, after the Eleventh Circuit certified the question to the New York Court of Appeals) (orally argued)
• Cordero v. Transamerica Annuity Service Corp., 71 F.4th 843 (11th Cir. 2023) (successfully opposed the imposition of liability on clients for court-approved sales of structured settlements)
• Dolgencorp, LLC v. Gilliam, ___ So. 3d ___, 2023 WL 7095305 (Ala. Oct. 27, 2023) (obtained the reversal of a $381,000 jury verdict against client and the rendering of judgment for client as matter of law)
• Ex parte Hankook Tire, ___ So. 3d. ___, 2023 WL 8857184 (Ala. Dec. 22, 2023) (secured a writ of mandamus reversing case-dispositive discovery sanctions in a wrongful-death case)
• Heyward v. Careteam Plus, Inc., No. 22-2031, 2023 WL 3581693 (4th Cir. May 22, 2023) (successfully defended the grant of summary judgment on Title VII claims)
• Krishna v. Life Insurance Co. of North America, No. 22-20516, 2023 WL 4676822 (5th Cir. July 21, 2023) (successfully defended the grant of summary judgment in an ERISA dispute)
• Milner v. Southeast ER Physicians, PA, SC-2022-0755 (Ala. Jan. 6, 2023) (obtained the affirmance of a trial court’s dismissal of state-law tort claims for failure to state a claim)
• NetChoice, LLC v. Moody, 144 S. Ct. 69 (2023) (represented the author of the Communications Decency Act as amicus curiae in a First Amendment case)
• New England Construction, L.L.C. v. Weyerhaeuser Co., No. 22-60329, 2023 WL 2401587 (5th Cir. Mar. 8, 2023) (successfully defended the dismissal of all claims against client in an antitrust action)
• Parsley v. Great-West Life & Annuity Insurance Co., No. 22-12459, 2023 WL 7126426 (11th Cir. Oct. 30, 2023) (per curiam) (successfully defended the dismissal of a breach-of-contract and bad-faith lawsuit as untimely)
• United States v. Files, 63 F.4th 920 (11th Cir. 2023) (represented an incarcerated defendant on a question that divides circuit courts, resulting in a published opinion about when an appellate court’s “alternative holding” is binding precedent) (orally argued)
• Volcano Enterprises, LLC v. Ensley District Developers, LLC, SC-2023-0143 (Ala. Nov. 9, 2023) (obtained affirmance of client’s dismissal based on the appellants’ failure to prosecute in the trial court)
• Walker v. Life Insurance Co. of North America, 59 F.4th 1176 (11th Cir. 2023) (successfully argued a question of first impression in the Circuit regarding post-judgment interest rates while also successfully defending the dismissal of bad-faith claims and the denial of mental-anguish damages) (orally argued)
• Windspeed Enterprises Ltd. v. M/V SEMI 1, No. 22-12242, 2023 WL 3477365 (11th Cir. May 16, 2023) (successfully defended the vacatur of in rem complaints to arrest offshore oil service platforms)
• Ascent Hospitality Management Co. v. Employers Insurance Co. of Wausau, No. 21-11924, 2022 WL 130722 (11th Cir. Jan. 14 2022) (successfully defended the dismissal of claims against client in a COVID-related business-interruption insurance coverage dispute)
• B-21 Wines, Inc. v. Bauer, 36 F.4th 214 (4th Cir. 2022) (represented the Center for Alcohol Policy as amicus curiae in a Dormant Commerce Clause challenge to state alcohol laws)
• Campbell v. Hartford Life & Accident Insurance Co., No. 21-5621, 2022 WL 620151 (6th Cir. Mar. 3, 2022) (obtained the reversal of a trial court’s adverse ruling in a life-insurance dispute, with directions to enter final judgment for client)
• Ex parte Association of County Commissions of Alabama Liability Self-Insurance Fund, Inc., 368 So. 3d 823 (Ala. 2022) (secured a writ of mandamus ordering the trial court to dismiss claims against liability self-insurance fund)
• Ex parte HuffingtonPost.com, Inc., 376 So.3d 432 (Ala. 2022) (obtaining a writ of mandamus reversing the trial court and granting client immunity under the federal Communications Decency Act)
• James River Insurance Co. v. Ultratec Special Effects Inc., 22 F.4th 1246 (11th Cir. 2022) (successfully defended a ruling for client in an insurance coverage dispute over wrongful-death claims) (orally argued)
• Levy v. West Coast Life Insurance Co., 44 F.4th 621 (7th Cir. 2022) (successfully defended the dismissal of a lawsuit alleging that an Illinois statute required the payment of an insurance policy) (orally argued)
• Naftel v. State ex rel. Driggars, 361 So. 3d 751 (Ala. 2022) (obtained the reversal of a trial court’s order, with directions to enter summary judgment upholding client’s judicial appointment against a constitutional challenge)
• Nunnelly v. Life Insurance Co. of North America, No. 21-12537, 2022 WL 1640790 (11th Cir. May 24, 2022) (successfully defended a favorable judgment for client in an ERISA case involving Long-Term Disability insurance)
• Silva v. Voya Services Co. Employee Welfare Benefits Plan, No. 20-1668, 2022 WL 1403981 (4th Cir. May 4, 2022) (successfully defended the grant of summary judgment in an ERISA dispute)
• Stewart v. Hartford Life & Accident Insurance Co., 43 F.4th 1251 (11th Cir. 2022) (successfully defended the grant of summary judgment in an ERISA dispute) (orally argued)
• True Homes LLC v. CMH Manufacturing, Inc., No. 21-1532, 2022 WL 17091858 (4th Cir. Nov. 21, 2022) (obtained the affirmance of judgment for client on $100 million trademark claims)
• United States v. Posey, No. 21-11253, 2022 WL 17056662 (11th Cir. Nov. 17, 2022) (represented a criminal defendant on a complex criminal law issue involving the effect of hemp legalization on sentencing enhancements) (orally argued)
• Cannon v. Lucas, 346 So. 3d 949 (Ala. 2021) (obtained the reversal of an $18 million adverse personal-injury jury verdict and a remand for a new trial)
• Craig & Landreth Cars Inc. v. Protective Life Corp., No. 2020-CA-0119, 2021 WL 1431870 (Ky. Ct. App. Apr. 16, 2021) (successfully defended the trial court’s dismissal of the plaintiffs’ tort and contract claims against client)
• Fenwick v. Hartford Life & Accident Insurance Co., 841 F. App’x 847 (6th Cir. 2021) (successfully defended the grant of summary judgment for an insurer in an ERISA benefit action)
• LA Alliance for Human Rights v. County of Los Angeles, 14 F.4th 947 (9th Cir. 2021) (represented associations of local governments and public officials as amici curiae on issues of federalism and the separation of powers)
• United States v. Files, 848 F. App’x 412 (11th Cir. 2021) (per curiam) (obtained a vacatur and remand for an incarcerated defendant seeking a sentence reduction, after convincing the United States to confess error and to agree that the defendant was eligible for relief under the First Step Act of 2018)
• Davis v. Chilton County Health Care Authority, 325 So. 3d 1243 (Ala. 2020) (obtained the affirmance and dismissal in appeals challenging the funding mechanism for client’s operations)
• Davis v. Hartford Life & Accident Insurance Co., 980 F.3d 541 (6th Cir. 2020) (successfully defended the grant of summary judgment for client in an ERISA benefit action raising novel questions in the Circuit about the ERISA standard of review)
• In re: HP Inc., 826 F. App’x 899 (Fed. Cir. 2020) (obtained a writ of mandamus ordering the transfer of a patent case from the Eastern District of Texas to the Northern District of California)
• Lebamoff Enterprises Inc. v. Whitmer, 956 F.3d 863 (6th Cir. 2020) (represented the Center for Alcohol Policy as amicus curiae in a Dormant Commerce Clause challenge to state alcohol laws)
• McCullough v. AIG Insurance Hong Kong Ltd., 828 F. App’x 704 (11th Cir. 2020) (obtained the vacatur of the denial of client’s motion to arbitrate a $66.5 million bad-faith claim) (orally argued)
• Miller v. Metropolitan Life Insurance Co., 979 F.3d 118 (2d Cir. 2020) (successfully defended the dismissal of a purported nationwide class action alleging breach of contract for charging non-smokers the same premiums as smokers)
• Protective Life Insurance Co. v. Apex Parks Group, LLC, 322 So. 3d 1027 (Ala. 2020) (obtained the reversal of an $11.4 million jury verdict against client and the rendering of judgment for client as matter of law)
• Robinson v. Liberty Mutual Insurance Co., 958 F.3d 1137 (11th Cir. 2020) (successfully defended the dismissal of claims against client for breach of contract and bad faith arising out of the infestation of a home by brown-recluse spiders)
• Strickland v. Broome, 812 F. App’x 204 (5th Cir. 2020) (per curiam) (successfully defended the dismissal of claims for breach of fiduciary duty and constructive trust in an action involving the disputed payment of life-insurance proceeds)
• WM Mobile Bay Environmental Center, Inc. v. City of Mobile Solid Waste Authority, 972 F.3d 1240 (11th Cir. 2020) (argued the certification of questions to the Alabama Supreme Court relating to the execution of a $6 million jury verdict for client) (orally argued)
• Carruth v. Bentley, 942 F.3d 1047 (11th Cir. 2019) (successfully defended the dismissal of Section 1983 claims against the former Governor of Alabama over the conservation of a credit union) (orally argued)
• Moore v. Metropolitan Life Insurance Co., No. 18-5325, 2019 WL 1499337 (6th Cir. Jan. 3, 2019) (successfully defended the grant of judgment for client in an ERISA benefit action)
• Tennessee Wine & Spirits Retailers Association v. Thomas, 588 U.S. 504 (2019) (represented the Center for Alcohol Policy as amicus curiae in a Dormant Commerce Clause challenge to state alcohol laws)
• Trana Discovery, Inc. v. Southern Research Institute, 915 F.3d 249 (4th Cir. 2019) (successfully defended the grant of summary judgment on all claims against contract research organization in purported research misconduct action) (orally argued)
• Ex parte Birmingham Airport Authority, 274 So. 3d 964, 965 (Ala. 2018) (obtained a writ of mandamus requiring the dismissal of all claims against client due to statutory immunity defense)
• R.L.C. Trust v. Garrison Decatur Crossings, LLC, 266 So. 3d 690 (Ala. 2018) (successfully defended judgment for client in a lawsuit seeking the invalidation of a long-term lease)
• Griffin v. Hartford Life & Accident Insurance Co., 898 F.3d 371 (4th Cir. 2018) (successfully defended the grant of summary judgment for client in a case raising novel questions about the ERISA standard of review) (orally argued)
• MetLife Securities, Inc. v. Brandt, No. B282949, 2018 WL 6616097 (Cal. Ct. App. Dec. 18, 2018) (successfully defended the denial of a $2.3 million request for attorney fees) (orally argued)
• Wysong Corp. v. APN, Inc., 889 F.3d 267 (6th Cir. 2018) (successfully defended the summary dismissal of all claims against Nestle Purina Petcare in a Lanham Act case related to the use of images on product packaging)
• Black Diamond Land Management, LLC v. Twin Pines Coal Co., No. 16-15240, 2017 WL 3635178 (11th Cir. Aug. 24, 2017) (successfully defended the dismissal of Lanham Act, RICO, and Sherman Act claims)
• Ingalls v. U.S. Space & Rocket Center, 679 F. App’x 935 (11th Cir. 2017) (successfully defended the dismissal of employment claims brought against state agency) (orally argued)
• James v. Total Solutions Inc., 691 F. App’x 572 (11th Cir. 2017) (successfully defended the grant of summary judgment for client in an Title VII and § 1981 employment case)
• Landeros v. Pinnacle Recovery, Inc., 692 F. App’x 608 (11th Cir. 2017) (successfully defended, after appointment by the Eleventh Circuit as amicus curiae in support of the district court’s judgment, the denial of class certification in a Fair Debt Collection Practices Act case) (orally argued)
• Mendel v. Morgan Keegan & Co., 700 F. App’x 994 (11th Cir. 2017) (successfully defended a ruling for client in an arbitration case)
• Packingham v. North Carolina, 582 U.S. 98 (2017) (represented state and local government organizations as amici curiae defending the constitutionality of a law regulating sex offenders)
• United States v. Parker, 696 F. App’x 443 (11th Cir. 2017) (per curiam) (as special prosecutor, successfully defended the trial court’s contempt order against city police chief)
• United States v. Pinson, 860 F.3d 152 (4th Cir. 2017) (obtained the reversal of convictions for RICO conspiracy and government program theft, based on insufficient evidence) (orally argued)
• Broadband iTV, Inc. v. Hawaiian Telcom, Inc., 669 F. App’x 555 (Fed. Cir. 2016) (successfully defending ruling for client in a patent case) (orally argued)
• DeCoursey v. American General Life Insurance Co., 822 F.3d 469 (8th Cir. 2016) (successfully defended the grant of summary judgment issued on plaintiff’s claims against client and obtained the reversal of summary judgment on client’s counterclaim against plaintiff) (orally argued)
• Hasting v. Bentley, No. 1150009 (Ala. Jan. 21, 2016) (obtained the dismissal of an appeal for the Governor of Alabama in a case challenging his decision to remove Confederate flags from state capitol grounds)
• Kohser v. Protective Life Corp., 649 F. App’x 774 (11th Cir. 2016) (successfully defended the grant of summary judgment in a case involving the Age Discrimination in Employment Act, the Alabama Age Discrimination in Employment Act, and Title VII)
• Lewis v. Delaware Charter Guarantee & Trust Co., 642 F. App’x 23 (2d Cir. 2016) (successfully defended the dismissal of a purported nationwide class action alleging common law and statutory claims relating to the valuation in IRAs of non-publicly traded REITs)
• Lewis v. Delaware Charter Guarantee & Trust Co., 642 F. App’x 23 (2d Cir. 2016) (successfully defended the dismissal of claims for breach of fiduciary duty and breach of contract) (orally argued)
• Montgomery v. Louisiana, 577 U.S. 190 (2016) (represented prosecutors’ organizations as amici curiae in a case about juvenile sentencing)
• Patel v. Patel, No. 2015-000162, 2016 WL 3093120 (S.C. Ct. App. June 1, 2016) (successfully defended the dismissal of claims against client)
• Stein v. Regions Morgan Keegan Select High Income Fund, Inc., 821 F.3d 780 (6th Cir. 2016) (successfully defended the dismissal of claims under the Securities Act of 1933, the Securities Exchange Act of 1934, and SEC Rule 10b-5) (orally argued)
• Comptroller of Treasury of Maryland v. Wynne, 575 U.S. 542 (2015) (represented state and local government groups as amici curiae in a case about the power of government to tax income earned out of state)
• Cunningham v. Anderson County, 778 S.E.2d 884 (S.C. 2015) (successfully obtained the partial reversal of an opinion of the South Carolina Court of Appeals in a wrongful-discharge case) (orally argued)
• Gilley v. Southern Research Institute, 176 So. 3d 1214 (Ala. 2015) (successfully defended summary judgment for client against contract and fraud claims relating to intellectual-property issues)
• Glenn v. American United Life Insurance Co., 604 F. App’x 893 (11th Cir. 2015) (successfully defended a favorable judgment for client in an ERISA case involving Long-Term Disability insurance)
• In re Southwest Airlines Voucher Litigation (Levitt v. Southwest Airlines Co.), 799 F.3d 701 (7th Cir. 2015) (successfully defended district-court ruling approving class-action settlement)
• Pugh v. El Paso Corp. Pension Plan, 617 F. App’x 964 (11th Cir. 2015) (successfully defended a favorable judgment for client in an ERISA case)
• Rismed Oncology Systems, Inc. v. Baron, 638 F. App’x 800 (11th Cir. 2015) (obtained the affirmance of the dismissal of fraud claims against client)
• Sentinel Insurance Co. v. Alabama Municipal Insurance Corp., 188 So. 3d 640 (Ala. 2015) (obtained the reversal of the trial court’s decision in an insurance-coverage dispute)
• Grammas v. Ritter, 181 So.3d 445 (Ala. 2014) (obtained the affirmance of the trial court’s entry of judgment for client in a complex derivative securities action)
• Lindsey v. Baptist Hospital, Inc., 154 So. 3d 90 (Ala. 2014) (obtained the affirmance of the trial court’s rejection of tort claims arising from hospital peer-review process)
• Magnolia Hospitality Group, Inc. v. Nichols, 181 So.3d 446 (Ala. 2014) (obtained the affirmance of a trial court’s dismissal of commercial claims brought against client)
• Snow v. Boston Mutual Life Insurance Co., 590 F. App’x 832 (11th Cir. 2014) (successfully defended the grant of summary judgment in an ERISA dispute)
• Band v. Twin City Fire Insurance Co., 545 F. App’x 950 (11th Cir. 2013) (successfully defended the dismissal of claims in a bad-faith legal malpractice coverage suit)
• CMH Homes, Inc. v. Goodner, 729 F.3d 832 (8th Cir. 2013) (obtained the vacatur of an order dismissing a petition to compel arbitration for lack of subject matter jurisdiction)
• CNH America v. Ligon Capital, LLC, 160 So. 3d 1195 (Ala. 2013) (successfully defended a landmark $11.4 million verdict that the firm obtained at trial against another company in a complex commercial dispute)
• Goodner v. Clayton Homes, Inc., No. 12-8021, 2013 WL 5194113 (8th Cir. Sept. 16, 2013) (obtained, under the Class Action Fairness Act, the vacatur of an order remanding to state court)
• United States v. 515 Granby, LLC, 736 F.3d 309 (4th Cir. 2013) (obtained the vacatur of an order denying attorney’s fees in an Equal Access to Justice Act case) (orally argued)
• Wells Fargo Advisors, LLC v. Pritchard, 122 So. 3d 791 (Miss. Ct. App. 2013) (obtained the reversal of a trial court’s denial of a motion to compel arbitration in a case involving an arbitration provision in a trustee agreement)
• Baxley v. Southwest Airlines Co., 491 F. App’x 146 (11th Cir. 2012) (successfully defended the dismissal of a purported nationwide class action asserting a claim that an airline breached a contract with passengers by refusing to accept drink coupons distributed in conjunction with its frequent flyer program)
• Daniels v. Virginia College at Jackson, 478 F. App’x 892 (5th Cir. 2012) (successfully defended an order compelling arbitration and rejecting the claim that the arbitration 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 damages not measured by the prevailing party’s actual compensatory damages)
• Lawson v. Life of the South Insurance Company, No. 12-90036-A (11th Cir. Dec. 7, 2012) (successfully opposing a plaintiff’s Rule 23(f) petition for permission to appeal after persuading the district court to strike nationwide class-action allegations, 286 F.R.D. 689 (M.D. Ga. 2012))
• Pearson v. Warner, 154 So.3d 1098 (Ala. 2012) (obtaining the affirmance of complete summary judgment, under Delaware law, in favor of majority shareholder, chairman of the board, and board of directors in a shareholder action alleging breaches of fiduciary duty, corporate waste, and corporate mismanagement related to recapitalization of the company’s stock)
• Vanderbilt Mortgage & Finance, Inc. v. Flores, 692 F.3d 358 (5th Cir. 2012) (obtained the reversal of a jury verdict on RICO, fraud, and statutory claims; persuaded the appellate court to hold that the release of liens on land collateral did not release the debt owed by borrowers for a manufactured home)
• WEC Carolina Energy Solutions v. Miller, 687 F.3d 199 (4th Cir. 2012) (represented a welding company in an action under the Computer Fraud and Abuse Act) (orally argued)
• Ex parte Morgan Asset Management, Inc., 86 So. 3d 309 (Ala. 2011) (obtained a writ of mandamus ordering the 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 Insurance Co. v. Mitchell Co., 440 F. App’x 759 (11th Cir. 2011) (successfully defended summary judgment for client and finding that client had no liability where an executive’s alleged wrongful actions did not constitute “theft” under the policy even if the alleged actions did constitute self-dealing in violation of executive’s fiduciary obligations)
• Metz v. United States Life Insurance Company in the City of New York, 662 F.3d 600 (2d Cir. 2011) (successfully defended the dismissal of purported nationwide class asserting claims for denial of benefits under a catastrophic medical insurance policy)
• Porter v. American Cast Iron Pipe Co., 427 F. App’x 734 (11th Cir. 2011) (successfully defended the grant of summary judgment for client in an Title VII and § 1981 employment case)
• Schwartz v. Merrill Lynch & Co., 665 F.3d 444 (2d Cir. 2011) (successfully defended the trial court’s denial of a motion to vacate an arbitration decision that denied a claim for gender discrimination in compensation and finding that the Lilly Ledbetter Fair Pay Act did not alter the enforcement or application of a contractual limitations period)
• Trademark Properties, Inc. v. A&E Television Networks, 422 F. App’x 199 (4th Cir. 2011) (successfully defended a $4 million jury verdict for client in a case involving television revenues) (orally argued)
• Ex parte Regions Financial Corp., 67 So. 3d 45 (Ala. 2010) (obtaining a writ of mandamus ordering the 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)
• Fraternal Order of Police Lodge No. 89 v. Prince George’s County, 608 F.3d 183 (4th Cir. 2010) (obtained the reversal of a judgment that a furlough plan violated the Contract Clause of the Constitution) (orally argued)
• Olshan Foundation Repair Co. of Mobile, LP v. Schultz, 64 So. 3d 598 (Ala. 2010) (obtained the reversal of a trial court’s denial of a motion to compel arbitration and finding sufficient circumstantial evidence of an arbitration agreement despite defendant’s inability to produce copy of signed agreement)
• Paine v. Jefferson National Life Insurance Co., 594 F.3d 989 (8th Cir. 2010) (successfully defended the grant of summary judgment for client in a life-insurance consumer sales fraud case)
• Regions Bank v. Reed, 60 So. 3d 868 (Ala. 2010) (obtained the reversal of a trial-court order in a case of first impression, concluding 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)
• Robinson v. Tyson Foods, Inc., 595 F.3d 1269 (11th Cir. 2010) (successfully defended judgment for client, applying judicial estoppel to find that a 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)

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