M. Warren Butler

Contact Warren

251-405-5065 - Direct
251-433-5901 - Fax
Email Warren wbutler@starneslaw.com

RSA- Battle House Tower
20th Floor
11 North Water Street
Mobile, AL 36602

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M. Warren Butler
Partner

Warren is a partner with Starnes Davis Florie and has served on the firm's Executive Committee. Warren has been practicing in his hometown of Mobile, Alabama, where Starnes Davis Florie has its second office, since graduating from law school.

Practice

Warren's practice focuses on civil litigation and the defense of personal injury cases with a concentration in defense of wrongful death, banking litigation, nursing homes, bad faith, tort of outrage, directors & officers, business & contractual claims, premises liability, and healthcare claims.  Warren also defends products liability  claims, construction claims, workers' compensation, and handles class actions litigation. He is also a certified mediator and a member of the Federal Panel of Neutrals for selection as a mediator or arbitrator.

Highlights

* Obtained a favorable opinion from the Supreme Court of Alabama reversing and remanding a trial court's denial of a client's request to compel arbitration of claims filed against his business in Baldwin County, Alabama.

* Obtained complete dismissal of wrongful death claims against an international security management company.

* Obtained complete summary judgment in favor of regional grocery store chain on claims for negligence related to a slip and fall incident.

* Obtained a defense verdict in an insurance coverage dispute alleging that the plaintiff qualified as a resident relative under his sister's UM/UIM insurance policy.

* Obtained a summary judgment in favor of a local disaster-recovery contractor in a wrongful death lawsuit.  Plaintiff’s decedent alleged the contractor failed to comply with state and federal regulations, which resulted in the death of Plaintiff’s decedent.

* Obtained dismissal of a defamation suit against a corporate media defendant in the U.S. District Court for the Southern District of Alabama for lack of personal jurisdiction.

* Obtained complete dismissal of a personal injury action filed against a national grocery store chain on claims for negligence and wantonness related to a slip and fall incident.

* Obtained a summary judgment in favor of a nursing home in a wrongful death case where the plaintiff's decedent alleged that the nursing personnel breached the standard of care in their treatment of the resident.

* Obtained summary judgment on behalf of national paper products manufacturer in Choctaw County on third-party claims for indemnity and insurance coverage arising out of personal injury incident at manufacturer's plant in Choctaw County.

* Obtained a defense verdict in the U.S. District Court for the Southern District of  Alabama in a personal injury case filed against an insured for damages allegedly sustained by Plaintiff as a result of a motor vehicle accident.

* Successfully briefed and obtained writ of mandamus from Alabama Supreme Court on behalf of insurance company, directing Circuit Court to transfer insurance fraud case to another Circuit Court on grounds that venue was improper.

* Obtained recovery on behalf of marine services client after filing suit under the Oil Pollution Act of 1990 (“OPA”) for damages relative to an Oil Spill that occurred on the Mobile River during a tank-to-tank transfer on defendant's property.

* Obtained summary judgment in favor of a global insurance carrier seeking recovery of unpaid deductibles owed by their insured construction company/developers as a result of the defense and indemnity provided to these insureds resulting from alleged defects in Chinese Drywall litigation.

* Obtained summary judgment on behalf of three co-employee defendants on claims asserted against them for willful misconduct by their fellow employee for the alleged failure to install, repair and/or maintain a safety device while operating a forklift in a plant for a national paper mill factory.

* Obtained summary judgment on behalf of national grocery store chain on claims for negligence and wantonness arising out of a trip and fall incident on a floor mat at the store entrance.

* Obtained summary judgment on behalf of property preservation and inspection company on claims of trespass, conversion, invasion of privacy, defamation, outrage, and wantonness, arising out of preservation work performed on home that was in foreclosure.

* Obtained dismissal of international hotel chain from premises liability suit, based on fact that hotel chain was not responsible for operation or maintenance of hotel where incident occurred.

* Obtained a defense verdict on behalf of marine construction company in Federal District Court by successfully proving that the defendant's vessel was not in "marine peril," where plaintiff had asserted a claim for maritime salvage award for saving vessel that was allegedly adrift.

* Obtained a complete summary judgment and dismissal for a national insurance provider in a suit brought under Alabama's Direct Action Statute involving novel issues and arguments under Alabama law.

* Obtained complete dismissal, with prejudice, of all claims against maritime port engineer in personal injury action arising out of an explosion on merchant vessel as it underwent repairs in a South Carolina shipyard.  The federal district court agreed with defense counsel that the claims were time-barred, despite Plaintiff’s claims that equitable tolling and equitable estoppel should apply to extend the limitations period.

*Obtained dismissal of claims against condominium developer based on argument that Mississippi Chancery Court lacked jurisdiction to revisit decision of arbitrator.  The dismissal was affirmed on appeal by the Mississippi Court of Appeals.

* Obtained summary judgment on claims of defamation and outrage against retail store manager by former employee related to termination of the employee.

* Obtained complete summary judgment in purported class action suit brought against cable services provider for breach of contract and specific performance arising out of gas rebate promotion. The dismissal was subsequently affirmed on appeal by the Alabama Supreme Court.

* Obtained defense verdict on behalf of gymnastics facility in Mobile, Alabama, in a personal injury case wherein Plaintiff filed suit against the facility claiming that the foam pit was unsafe for use by adults.

* Obtained complete summary judgment on behalf of bonding company on bond claims asserted against it by subcontractor for nonpayment for construction work performed on public works project in Baldwin County, Alabama.

* Obtained complete summary judgment on behalf of home health care agency and certified nursing assistant, where Plaintiff alleged claims of medical negligence, assault, breach of contract, and negligent hiring, training, and supervision, arising out of alleged improper handling of mentally ill patient.

* Obtained defense verdict on behalf of cable services provider in state court action in Baldwin County, where Plaintiff alleged damages related to breach of contract and negligent installation of cable services, causing him lost rental value on his condominium unit in Gulf Shores, Alabama.

* Obtained complete summary judgment in federal district court on grounds of res judicata and collateral estoppel on behalf of municipal water services provider for claims of negligence and wantonness with regard to their maintenance of sewage treatment plant for local municipality.

* Obtained complete summary judgment in federal district court on behalf of surety/bonding company, dismissing claims which alleged that surety was responsible for damages arising out of the nonpayment of various subcontractors by the owner of a condominium development on Gulf Coast.

* Obtained dismissal on behalf of marine services client of pendent state law claims in federal district court, which alleged claims of breach of contract, fraud, and unpaid accounts in connection with the purchase of a vessel and various other marine services contracts.

* Obtained dismissal in federal district court, on behalf of horticulture corporation, of fraud and negligence claims, as well as 31 patent claims, based upon statute of limitations and laches arguments.

* Routinely compels claims brought in state and federal courts into arbitration for variety of clients, including those related to manufactured housing contracts, retailer contracts, nursing home providers, and banking and consumer finance contracts.

Honors And Awards

Warren was selected by his peers for inclusion in Best Lawyers in America®, 2008 - 2017has been named one of the top attorneys in the state of Alabama by Mid-South Super Lawyers® magazine, 2008 - 2016, was selected as one of the Top 50 Lawyers in the State in 2011, was named one of Alabama's Best Lawyers* for Personal Injury Litigation in 2013, and is an AV rated attorney by Martindale-Hubbell® Peer Review Ratings.TM. Warren was also one of five attorneys in the United Sates listed to Who's Who Legal: Product Liability Defence for 2015 and 2016.

Warren Butler was appointed the Mobile Bar Association's Place 2 representative to the Mobile County Judicial Nominating Commission, effective January 16, 2014.  He is a member of the Alabama Defense Lawyers Association, Defense Research Institute (DRI), Alabama Nursing Home Defense Lawyers Association (Vice-President, 2001, Secretary, 1999), the American Inns of Court, the International Association of Defense Counsel (IADC), and the Professional Liability Defense Federation.  With the IADC, Warren served as Chairman of the Environmental, Energy & Maritime Law Committee and is currently the chairman of the Resource Development Committee. He is a current member and former Chairman of the IADC Medical Defense & Health Care Law Committee and former Chairman of  the IADC CLE Planning Committee for 2011 meetings.  He was also a member of the Mobile Bar Association's Public Service Committee, is currently a faculty member of the IADC Trial Academy, and is an Advisory Board Member of Iberia Bank for the Mobile, AL area.

Community Involvement

Warren is a member of All Saints Episcopal Church and is married to Kathrine Butler. They have two children, Parker and Danner.

Speeches And Publications

Warren gives frequent lectures and presentations to the public as well as to other legal professionals.

* M. Warren Butler and Alex T. Wood, "Initial Considerations in Defending a Lawsuit," DRI: A Young Lawyer’s Guide to Defense Practice Chapter 8, 2015.

* "Initial Considerations in Defending a Lawsuit," DRI, The Guide - A Young Lawyer's Guide to Defense Practice (2014).

* Piercing the Corporate Veil Issues, Owners Meeting - Alabama Nursing Home Association, Biloxi, MS, (October 27, 2014).

Reported Cases

Nelson v. Estate of Frederick, 855 So. 2d 1043 (Ala. 2003).

Johnson v. Northpointe Apartments, 744 So. 2d 899 (Ala.1999).

Bacon v. Winn-Dixie Montgomery, Inc., 730 So. 2d 600 (Ala. 1998).

West v. City of Mobile, 689 So. 2d 14 (Ala. 1997).

Johnson v. Delchamps, Inc., 684 So. 2d 1338 (Ala. Civ. App. 1996).

Hose v. Winn-Dixie Montgomery, Inc., 658 So. 2d 403 (Ala. 1995).

Blizzard v. Food Giant Supermarkets, Inc., 196 F.Supp. 2d 1202 (M.D.Ala.2002).

Brock v. Baxter Healthcare Corp., 96 F.Supp 2d 1352 (S.D.Ala. 2000).

Estate of Bradley v. Mariner Health, Inc., 315 F.Supp.2d 1190 (S.D.Ala. 2004).

Lees v. Sea Breeze Health Care Center, Inc., 391 F.Supp.2d 1103 (S.D.Ala. 2005).

Related News

2/3/2017 SDF Attorneys Obtain Favorable Opinion From Supreme Court of Alabama

12/13/2016 Warren Butler Serves as Chair of IADC 2017 Annual Meeting Hospitality Committee

11/9/2016 Twenty-Six SDF Attorneys Named to the 2016 Edition of Mid-South Super Lawyers

8/15/2016 Twenty Starnes Davis Florie Attorneys Named to the 2017 Edition of Best Lawyers®

7/22/2016 Warren Butler Selected to Serve on the Executive Committee of the IADC Trial Academy

4/22/2016 Warren Butler Serves as Chair of IADC 2016 Annual Meeting Hospitality Committee

2/3/2016 Warren Butler & Weathers Bolt Obtain Defense Verdict on Behalf of National Insurance Company

8/20/2015 Twenty Starnes Davis Florie Attorneys Named to the 2016 Edition of Best Lawyers®

6/1/2015 Butler and Wood Publish Article in DRI: A Young Lawyer's Guide to Defense Practice

5/1/2015 Twenty-Six SDF Attorneys Named to 2015 Alabama Super Lawyers

4/25/2015 Butler and Wood Obtain Defense Verdict for Regional Grocer in Personal Injury Case

11/19/2014 Starnes Davis Florie's Banking & Financial Services Newsletter - Fall 2014

8/20/2014 Seventeen Starnes Davis Florie Attorneys Named to the 2015 Edition of Best Lawyers®

4/29/2014 Thirty SDF Attorneys Named to Alabama Super Lawyers 2014

10/14/2013 Starnes Davis Florie Attorneys Obtain Summary Judgment in Nursing Home Case

8/30/2013 Sixteen Starnes Davis Florie Attorneys Named to the 2014 Edition of Best Lawyers®

7/29/2013 Starnes Davis Florie's Workers' Compensation Defense Bulletin (Summer 2013)

5/2/2013 Twenty-Six Starnes Davis Florie Attorneys Listed in Alabama Super Lawyers 2013

4/1/2013 Starnes Davis Florie's Banking & Financial Services Litigation Newsletter (Spring 2013)

9/19/2012 Seventeen Starnes Davis Florie Attorneys Named to the 2013 Edition of Best Lawyers®

8/31/2012 Starnes Attorneys Butler and Stevens Obtain Defense Verdict in Maritime Case

5/1/2012 Twenty-Two Starnes Attorneys Listed in Alabama Super Lawyers

4/20/2012 Starnes Davis Florie Attorney Warren Butler Publishes Article in ADLA Spring Journal

2/3/2012 Butler, Stevens and Gerheim Obtained Summary Judgment & Dismissal for National Insurance Provider

9/2/2011 Nine Starnes Attorneys Listed in 2011 Super Lawyers Business Edition

9/1/2011 Sixteen Starnes Attorneys Named to Best Lawyers 2012

4/29/2011 Twenty Starnes Attorneys Listed in Alabama Super Lawyers

8/7/2010 Sixteen Starnes Attorneys Named to Best Lawyers 2011

Practices

Admiralty & Maritime Litigation
Alternative Dispute Resolution
Automobile Liability Defense
Banking & Financial Services
Class Actions & Mass Torts
Construction Litigation
Dram Shop / Liquor Liability Litigation
Fidelity & Surety Litigation
General Civil Litigation
Hospitality & Retail Litigation
Legal Malpractice
Long Term Care & Nursing Home Litigation
Product Liability & Consumer Litigation
Professional Liability
Professional Licensing Defense
Telecommunications
Workers’ Compensation Defense

Education

J. D.,University of Alabama (1992)

B.A., cum laude, Washington & Lee University (1989)

Bar Admissions

Alabama

Courts

U. S. District Court, Middle District of Alabama
U. S. District Court, Northern District of Alabama
U. S. District Court, Southern District of Alabama
U. S. Court of Appeals - 11th Circuit