Randy's practice has been devoted to civil litigation including healthcare, professional medical liability, long-term care, intellectual property and complex commercial litigation. He has tried more than 200 complex civil cases to a jury verdict.
* Obtained a defense verdict for an internist in a wrongful death case involving an allegation that the internist failed to diagnose an esophageal perforation following gastrointestinal surgery.
* Obtained a defense verdict on behalf of nurse practitioner in a Memphis, Tennessee medical malpractice case involving endophthalmitis and loss of left eye.
* Obtained a defense verdict for an emergency room physician in a wrongful death case involving complications due to bowel obstruction.
* Successfully represented UAB and UAB Research Foundation in litigation concerning inventership of new device to assist surgeons during laparoscopic surgery.
* Represented Marshall Investments Corporation in litigation stemming from the large-scale fraud at Le Natures Inc.
* Successfully represented Eton Park Capital Management in hedge fund/private equity litigation involving Latin American energy assets.
* Represented UAB and the UAB Research Foundation in a patent dispute relating to antiviral compounds used to treat Hepatitis B and helped UAB obtain a settlement with a minimum value of $15 million.
* Obtained a defense verdict for a general surgeon in a personal injury case involving a patient with a history of renal cancer who developed a mass in his left supraclavicular area that was suspicious for cancer.
* Obtained a defense verdict on behalf of an obstetrician in a fetal death case involving complications associated with Parovirus B19.
* Obtained a defense verdict for a general surgeon and surgical group in a wrongful death case involving an intra-abdominal abscess resulting in septic shock.
* Obtained a defense verdict on behalf of an obstetrician in a birth injury case involving permanent brain injury and cerebral palsy.
* Obtained a defense judgment following a four day arbitration of a nursing home malpractice case involving claims of personal injury and wrongful death.
* Obtained defense verdict on behalf of surgeon in a wrongful death case in which the patient died at home of a perforated colon only hours after being evaluated by the surgeon in his office.
* Obtained defense verdict on behalf of obstetrician in birth injury case that resulted from a shoulder dystocia.
* Obtained a defense verdict for a family medicine physician in a wrongful death suit, where the physician was accused of failing to diagnose diverticulitis, peritonitis and sepsis.
* Obtained a defense verdict for an Emergency Room Physician after an emotional nine day trial centering on the death of two year old boy.
* Obtained a defense verdict on behalf of a nursing home following a five day jury trial in a case involving a rehabilitation resident who was assessed on admission as a high fall risk and who later fell, sustaining a depressed skull fracture with resulting brain injury.
* Obtained a defense verdict on behalf of a gastroenterologist following a seven day jury trial in a case involving a patient who suffered a cardio-pulmonary arrest during an endoscopic procedure performed under conscious sedation.
* Obtained a defense verdict for physician in a claim of missed diagnosis of temporal arteritis leading to permanent and total blindness.
* Obtained a defense verdict in favor of two pathologists in a case arising out of a false positive interpretation of breast tissue.
* Obtained a defense verdict in favor of a physiatrist in a case arising from alleged failure to timely diagnose cervical myelopathy resulting in bilateral leg paresis.
* Obtained a defense verdict on behalf of a specialty care assisted living facility in a wrongful death case involving an assault of a visitor by an Alzheimer's dementia resident.
* Obtained a defense verdict in favor of a hospital and nurses in a wrongful death case arising from alleged mismanagement of insulin therapy.
* Obtained a defense verdict on behalf of an Emergency Department physician in an eleven day wrongful death trial in the Circuit Court of Mobile County.
* Obtained a defense verdict in favor of two obstetricians and their professional corporation at the conclusion of an eight-day wrongful death and personal injury trial, arising from an intrauterine fetal demise which occurred 37 weeks into the plaintiff's pregnancy.
* Obtained a jury verdict in favor of an obstetrician involving upper extremity paralysis and brain injury associated with delivery.
* Obtained a jury verdict in a wrongful death case against a cardiovascular surgeon regarding complications of open heart surgery.
* Obtained a defense verdict in favor of a vascular surgeon in litigation related to amputation of a leg as a complication of surgery.
Honors And Awards
Randy is a Fellow of the American College of Trial Lawyers (ACTL). He is past Chair of the ACTL Legal Ethics & Professionalism Committee and is past Chair of the ACTL Alabama State Committee. He is a Diplomate of the American Board of Trial Advocates (ABOTA). Randy also served on the Faculty at the 2011 International Association of Defense Counsel (IADC) Trial Academy at Stanford Law School.
Randy has been recognized as a top Litigator for the state of Alabama in the 2008 - 2016 editions of Chambers USA, and was named a Litigation Star for the state of Alabama in the 2008 - 2016 editions of Benchmark Litigation. He has also been listed in Best Lawyers in America® for sixteen consecutive years, 2001 - 2017 and has been named one of the top attorneys in the state of Alabama by Mid-South Super Lawyers® magazine, 2008 - 2016.
Speeches And Publications
Randy has given numerous lectures and presentations to various groups, including most recently:
* Fundamentals of Voir Dire, Defense Research Institute Attorney-Conducted Voir Dire For The Defense Lawyer Seminar, Boston, MA (January 13, 2015)
* Defending Fetal Death Cases, Defense Research Institute Complex Medicine Seminar, San Diego, CA (November 13, 2014)
* Joint Defense Strategies, Oklahoma Defense Lawyers Association, Dallas, TX (June 20, 2014)
* Effective Use of Technology at Trial, DRI Trial & Tactics Seminar, Las Vegas, NV (March 22, 2013)
* Ethical Dilemmas for Litigators During Discovery and Trial, Moderator, Jere F. White, Jr. Trial Advocacy Institute CLE, Birmingham, AL (November 30, 2012)
* Ethical Dilemmas for Litigators During Discovery and Trial, Cumberland 19th Annual Employment Law Update, Birmingham, AL (November 16, 2012)
* Jury Selection, West Virginia Mutual Insurance Corporation Panel Council and Claims Department, Charleston, WV (October 26, 2012)
* Voir Dire and Jury Selection, Iowa Defense Counsel Association Annual Meeting, West Des Moines, IA (September 13, 2012)
* When is the Enemy of My Enemy My Friend? Joint Defense Strategies in Litigation, IADC Annual Meeting (Major Presentation), Asheville, NC (July 11, 2012)
* Jury Selection: Beyond Voodoo, Cleveland Association of Civil Trial Attorneys, Cleveland, OH (March 12, 2012)
* Medical Literature: Friend or Foe in the Medical Malpractice Trial, Defense Research Institute Medical Liability and Health Care Law Seminar, New Orleans, LA (March 8, 2012)
* Best Practices in Cross Examination of Experts at Trial, Webinar presented by the International Association of Defense Counsel Trial Tactics Committee, Birmingham, AL (March 6, 2012)
* Best Practices in Use of Mock Trials and Focus Groups - A Panel Discussion, International Association of Defense Counsel Trial Tactics Committee, Palm Springs, CA (February, 15, 2012)
* The American College of Trial Lawyers Code of Pretrial and Trial Conduct as the Basis of Ethical Practice of Law, American College of Trial Lawyers Tri-State Meeting, Sea Island, GA (February, 10, 2012)
* The American College of Trial Lawyers Code of Pretrial and Trial Conduct as the Basis of Ethical Practice of Law, American College of Trial Lawyers Eastern Chairs Workshop, Naples, FL (November 4, 2011)
Randy was a contributing author to:
* Randal H. Sellers and Thomas J. Hurney, Jr., "Picking Juries: Questionnaires and Beyond", IADC Defense Counsel Journal, Vol. 75, No. 4, Pages 370-377 (October 2008) *Please Note: this article was reprinted with the permission of the IADC Defense Counsel Journal.
Thompson v. Patton, No. 1061540, 2008 WL 4531792 (Ala. Oct. 10, 2008).
Ware v. Timmons, ---So. 2d --- (Ala. 2006).
Holcomb v. Carraway, 945 So. 2d 1009 (Ala. 2006).
Bailey v. Breaux, 888 so. 2d 1208 (Ala. 2003).
Hauseman v. University of Alabama Health Services Foundation, 793 So. 2d 730 (Ala. 2000).
Giada v. Tucker, 746 so. 2d 998 (Ala. 1999).
Axelroth v. Health Partners of Alabama, Inc., 720 So. 2d 880 (Ala. 1998).
Ellis v. Hilburn, 688 So. 2d 236 (Ala. 1997).
Keel v. Banach, 624 so. 2d 1022 (Ala. 1993).
Levesque v. Regional Medical Center, 612 So. 2d 445 (Ala. 1993).
Northeast Alabama Regional Medical Center v. Robinson, 548 So. 2d 439 (Ala. 1989).
Long v. Hodges, 539 So. 2d 238 (Ala. 1989).
McGee v. Bradford, 534 So. 2d 1076 (Ala. 1988).
Otwell v. Bryant, 497 So. 2d 111 (Ala. 1986).
Baxter v. Surgical Clinic of Anniston, P.A., 495 So. 2d 652 (Ala. 1986).
Guthrie v. Bio-Medical Laboratories, Inc., 442 So. 2d 92 (Ala. 1983).
Watts v. Preferred Risk Mut. Ins. Co., 423 so. 2d 171 (Ala. 1982).
Vulcan Freight Lines, Inc. v. South Carolina Ins. Co., Inc., 446 So. 2d 603 (Ala. 1982).
Bradley v. Mariner Health, Inc., 315 F. Supp. 2d 1190 (S.D. Ala. 2004).
Pinkney v. Davis, 952 F. Supp. 1561 (M.D. Ala. 1997).
Zachery v. Thigpen, 895 F. Supp. 1472 (M.D. Ala. 1995).
Floyd v. Broughton, 664 So. 2d 897 (Ala. 1995).
Christian v. Johnson-Rast & Hays Co., 491 So. 2d 949 (Ala. Civ. App. 1986)
Gallups v. Crook, 792 F. Supp. 1231 (N.D. Ala. 1992).