G. Matthew Keenan

Contact Matt

205-868-6081 - Direct
205-868-6099 - Fax
Email Matt mkeenan@starneslaw.com

100 Brookwood Place
7th Floor
P.O. Box 598512
Birmingham, AL 35259

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G. Matthew Keenan
Partner

Practice

Matt focuses his practice on the representation of sureties, developers, contractors, architects, engineers and other design professionals in the defense and prosecution of business and commercial claims.  He also has experience in a variety of other areas, including commercial litigation, employment law, automobile liability, and products liability.

Highlights

* Obtained favorable Ruling from the U.S. Court of Appeals for the Eleventh Circuit in favor of a surety company in a suit by a subcontractor under the Federal Miller Act.

* Prevailed in representing a surety company on a construction project involving renovations to a local mental health facility in an Interpleader action brought by the facility in Mobile County following the completion of work by the surety.

* Obtained a defense verdict in favor of a surety in a jury trial where the claimant was seeking payment under Alabama's Little Miller Act and the surety's Payment Bond.

* Successfully opposed various motions for summary judgment in prosecution of a surety's claims for indemnity and exoneration against its principal and indemnitors along with claims for breach of notary obligations and breach of a notary bond against other third parties.

* Obtained a dismissal in federal court of all tort claims brought by a payment bond claimant against a surety.

* Prevailed in summary judgment on behalf of a surety where the court held that the owner/obligee breached a performance bond by limiting who the surety could hire to complete the project when the surety elected to proceed under the takeover provision of the bond.

* Obtained summary judgment on a 42 USC 1983 claim brought against a municipal-owned utility, a former mayor, and the utility operations manager where the plaintiff alleged a violation of procedural due process under the Fourteenth Amendment arising out of the allegedly tortious disconnection of her electrical services.  In the district court, the defendants successfully argued that the plaintiff's procedural due process claim was barred because Alabama state law provided an adequate remedy for the alleged deprivation.  The Eleventh Circuit affirmed the summary judgment on appeal.

* Obtained summary judgment in favor of a municipality and two police officers against an individual who alleged he was wrongfully arrested for capital murder.

* Obtained summary judgment in favor of a municipality where a paramedic services company alleged deprivation of a property interest and procedural due process rights when it was removed from the municipality’s E-911 rotation.

* Successfully compelled to arbitration a plaintiff's claim involving complex reinsurance agreements.

* Obtained a complete dismissal for Honda in a products liability action stemming from allegations of a defect in one of their ATVs.

* Obtained a complete dismissal for a distributor marketing air purifiers to Brookstone Stores in a potential class action dispute.

* Obtained a complete dismissal of claims against a physician stemming from his care and treatment of a prisoner in a county jail.

Honors And Awards

Matt was named a Rising Star for the state of Alabama by the 2014 and 2015 editions of Alabama Super Lawyers® magazine.

As a student at the University of Alabama School of Law, Matt served as an editor on the Alabama Law Review.

Community Involvement

Matt is an active member of the Birmingham Bar where he has served on various committees and has donated his services to groups such as the YWCA.  He is also involved in the Alabama Surety Association.

Matt, his wife and three children are members of Cahaba Park Presbyterian Church.

Speeches And Publications

* Performance Bonds: Remedies Available to the Obligee, presented at the 2016 Southern Surety & Fidelity Claims Conference in Charleston, SC (April 21, 2016).

* How the BP Oil Spill Has Impacted Recovery Efforts for Sureties, presented at Alabama Surety Association Meeting in Birmingham, AL (August 11, 2015).

* Bad Faith Claims by the Owner/Obligee, presented at the Southern Surety & Fidelity Claims Conference in Clearwater, FL (April 24, 2015).

* The Alabama Chapter of The Fidelity & Surety Law Committee 2013 Mid-Winter Program: The Surety Underwriter's Desk Book published by the American Bar Association (2014 and 2013).
 
* Payment Bonds: Types of Bonds, presented at the Southern Surety & Fidelity Claims Conference in New Orleans, LA (April 10, 2014).

* Considerations for Green Building & Sustainable Development, presented at Construction Law Seminar for Architects, Professional Engineers and Contractors in Birmingham, AL (July 18, 2013).

* Sureties & the BP Settlement Fund, presented at the Southern Surety & Fidelity Claims Conference in Charleston, SC (April 18, 2013).

* Dealing with Your Principal's Affirmative Claims, presented at the Southern Surety & Fidelity Claims Conference in Clearwater, FL (April 19, 2012).

* Deposition: Practical Skills, presented at Seminar for Students at Cumberland School of Law in Birmingham, AL (September 23, 2010).

* Alabama's Motor Vehicle Lemon Law Statute, presented to representatives of regional Honda and Acura dealerships in Birmingham, AL (May 10, 2007).

Reported Cases

Louise Alexander v. Edward May, 2012 WL 1758612 (11th Cir. 2012)

New View, Inc. v. McCrory Bldg. Co., Inc., 2011 WL 2385906 (N.D. Fla. June 10, 2011)

Guarantee Co. of North America USA v. Wainwright, 2011 WL 1807454 (M.D. Ala. May 11, 2011)

Fidelity & Deposit Co. of Maryland v. Jefferson County Commission, 756 F. Supp. 2d 1329 (N.D. Ala. 2010)

Northbrook Indemnity Co. v. First Automotive Service Corp., N.M., 2008 WL 3009899 (M.D. Fla. Aug. 1, 2008)

First Automotive Service Corp., N.M. v. First Colonial Ins. Co., 2008 WL 816973 (M.D. Fla. Mar. 25, 2008)

Matthews v. Brookstone Stores, Inc., 469 F. Supp. 2d 1056 (S.D. Ala. 2007)

Phillips v. American Honda Motor Co., Inc., 2006 WL 1889564 (S.D. Ala. July 10, 2006)

Phillips v. American Honda Motor Co., Inc., 438 F. Supp. 2d 1328, (S.D. Ala. 2006)

Matthews v. Brookstone Stores, Inc., 431 F. Supp. 2d 1219 (S.D. Ala. 2006)

Related News

6/23/2016 Selden & Keenan Prevail in Surety Trial

6/23/2016 Selden & Keenan Obtain Favorable Ruling from the 11th Circuit in a Surety Case

4/27/2016 Starnes Attorneys Present at the 2016 Southern Surety & Fidelity Claims Conference

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

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

3/21/2014 SDF Attorneys Selden & Keenan Obtain Jury Verdict in Surety Trial

5/21/2012 Starnes Davis Florie Attorneys Obtain Affirmance from the Eleventh Circuit Court of Appeals

1/19/2012 Starnes Announces Five New Partners

Practices

Business Litigation
Construction Litigation
Fidelity & Surety Litigation
Product Liability & Consumer Litigation
Workers’ Compensation Defense

Education

J.D., University of Alabama School of Law (2005)
B.F.A., Texas Christian University (1993)

Bar Admissions

Alabama

Courts

U.S. Court of Appeals, 11th Circuit
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. District Court, Northern District of Florida