Philip G. (“Phil”) Piggott is a senior partner at Starnes Davis Florie and currently serves on the firm's Executive Committee.
Phil’s practice includes topics related to complex business litigation, construction, real estate, premises liability, and employment matters. He is admitted to practice in all state and federal courts in Alabama, as well as the Eleventh Circuit Court of Appeals, and the United States Supreme Court. Phil has tried jury matters in state and federal courts across the state of Alabama.
Phil handles a diverse spectrum of commercial litigation including matters involving employment and civil rights, contractual disputes, real estate, premises liability, and construction issues.
Phil is also actively involved in the representation of health care institutions, physicians, and medical professionals in a variety of matters, including medical malpractice, civil rights, contract disputes, and disciplinary actions.
* Obtained a defense verdict in Federal Court in Birmingham, AL on behalf of a registered nurse in a case involving allegations of negligence to medical treatment for an incarcerated hernia.
* On 12/6/2016, prevailed in a federal black lung matter on appeal before the Benefits Review Board which remanded the case to the ALJ with instructions to re-consider the evidence regarding total disability because the BRB agreed with the Operator that the substantial evidence did not support a finding for total disability pursuant to 20 C.F.R. §718.204(b)(2)(iv). Burton v. Drummond
* On 11/25/2016, prevailed in a federal black lung trial before Administrative Law Judge Scott Morris where the miner worked in underground mining for at least thirty years and was diagnosed with pneumoconiosis, but the Court held the evidence did not support a finding of total disability. Vickery v. Drummond
* On 11/18/2016, prevailed in a federal black lung trial with Administrative Law Judge Scott Morris where the Miner was diagnosed with “legal” pneumoconiosis, was employed more than ten years as a truck driver after leaving the mines and failed to prove that his pulmonary/respiratory impairment, standing alone, prevented him from performing his usual coal mine employment. Franks v. Drummond
* On 11/15/2016, prevailed in a federal black lung trial with Administrative Law Judge Scott Morris in which the Miner had 17 years of total coal mine employment, was diagnosed with pneumoconiosis, but did not establish a change in a condition of entitlement and prove that he was now totally disabled or totally disabled due to pneumoconiosis.
* On 8/2/2016, prevailed in a federal black lung trial before Administrative Law Judge Lystra Harris who denied benefits for a Miner who worked in underground mining for at least 25 years, was diagnosed with “legal” pneumoconiosis and was a non-smoker.
* On 8/4/2016, prevailed in a federal black lung trial before ALJ Scott Morris who initially determined through Summary Decision Motions that Claimant only worked in mining for 2.11 years but could not, through newly-generated evidence, establish total disability or a change in conditions based on another element of entitlement.
* On 7/27/2016, prevailed in a federal black lung trial before Administrative Law Judge Scott Morris who denied benefits for a Survivor-Child/Dependent even though the Operator stipulated that the deceased miner worked in its underground mines for fifteen years or more, had a totally disabling respiratory/pulmonary impairment prior to his death and properly invoked the “15-year presumption” because there was no evidence of complicated pneumoconiosis, and the Operator rebutted the presumption at §718.305(d)(1)(i).
* Obtained a defense verdict on behalf of a medical provider in a jury trial in Federal Court in Tuscaloosa, AL before Judge Scott Coogler on September 30, 2015. The allegations were that inadequate medical care had been provided to an individual who suffered from repeated ear infections and became totally deaf in one ear.
* Obtained a directed verdict at the close of plaintiff’s evidence in Federal Court, in a jury trial where the claims were for racial discrimination/hostile environment/retaliatory discharge/negligent supervision.
* Successfully obtained a reversal by the 11th Circuit Court of Appeals, after oral argument, of a directed verdict in favor of the plaintiff, in a Fair Labor Standards Act case involving allegations of non-payment of overtime in defending a professional guard service.
* Recently received an Order from the 11th Circuit Court of Appeals affirming Summary Judgment in an Accounting Malpractice matter involving allegations of Fraud, Fraudulent Suppression and Accounting Malpractice.
* Recently argued a matter before the 11th Circuit Court of Appeals involving the right to remove a matter to Federal Court and State statutory interpretation.
* Recently received an order affirming summary judgment from the 11th Circuit Court of Appeals involving a §1983 claim for deliberate indifference against a health care provider.
* Recently obtained Summary Judgment in a Medical Malpractice/Wrongful Death/Deliberate Indifference matter pending in Federal Court.
* Recently received an Order from the Alabama Supreme Court affirming a Summary Judgment Order granted to health care providers in a Medical Malpractice matter involving allegations of misdiagnosis and mistreatment of a stroke victim.
* Recently obtained a defense verdict and an award on a counterclaim in a large construction dispute heard before the American Arbitration Association (AAA).
Honors And Awards
While in law school, Phil was elected to the Order of the Barristers and was an Associate Editor of the American Journal of Trial Advocacy. He was a member of the Law School’s Moot Court Team as well as a member of the Jessup International Law Moot Court Team.
He is a member of the International Association of Defense Counsel (IADC), Defense Research Institute (DRI), International Municipal Lawyers Association, Alabama Association of Municipal Attorneys, American Bar Association, and the Alabama State Bar Association.
Phil is also listed in the 2013 - 2017 editions of Best Lawyers in America® for commercial litigation. Phil is an AV Preeminent rated attorney by Martindale-Hubbell® Peer Review Ratings,TM which is the highest rating an attorney can receive from the national Peer Review Rating Program.
Speeches And Publications
* On August 7, 2014, Phil gave a presentation before the Alabama State Bar's Workers' Compensation Section on the topic of Ethics and Law.
* "Alabama Prisoner Litigation Reform Act: Attempting to Prohibit the Filing of Frivolous Pro Se Inmate Lawsuits," ABA Tort Trial and Insurance Report - Medicine and Law (Spring 2014).
* On August 13, 2013, Phil gave a speech on Legal Ethics at the Alabama Self Insurers Association (ASIA) Conference.
* On February 18, 2013, Phil made a presentation before the Jefferson County Mayors’ Association and the Birmingham Area Mayors’ Association with regard to the attack on the statutory cap on municipalities and municipal employees.
* Spoke to a group of physicians and nurse practitioners regarding medical malpractice and civil rights claims and how to avoid such claims.
Vickery v. Drummond Company, Inc., 2014-BLA-05340
Franks v. Drummond Company, Inc., 2014-BLA-05279
Cooper v. Drummond Company, Inc., 2014-BLA-5365
Hembrick v. Drummond Company, Inc., 2014-BLA-5805
Drummond Co., Inc. v. Ala. Dept. of Transp., 206 WL438704 (Ala. 2006).
King v. Correctional Medical Services, Inc., 919 So.2d 1186 (Ala. Civ. App. 2005).
Drummond Co., Inc. v. Green, 895 So.2d 977 (Ala. Civ. App. 2004).
Drummond Co., Inc. v. Bonner, 848 So.2d 987 (Ala. Civ. App. 2002).
Drummond Co., Inc. v. Boatman, 825 So.2d 823 (Ala. Civ. App. 2001).
Ex parte Warrior Lighthouse, Inc., 789 So.2d 858 (Ala. 2001).
Drummond Co., Inc. v. Lolley, 786 So.2d 509 (Ala. Civ. App. 2000).
Ex parte Drummond Co., Inc., 775 So.2d 165 (Ala. 2000).
Architectura, Inc. v. Miller, 769 So.2d 330 (Ala. Civ. App. 2000).
Upton v. Drummond Co., Inc., 762 So.2d 373 (Ala. Civ. App. 2000).
Scottsdale Ins. Co. v. National Sec. Fire and Cas. Ins. Co., 741 So.2d 424 (Ala. Civ App. 1999).
Wehby v. Turpin, 710 So.2d 1243 (Ala. 1998).
Pruitt v. Circuit City Stores, Inc., 678 So.2d 166 (Ala. Civ. App. 1996).