Highlights

• Secured favorable Supreme Court opinion on behalf of termite and pest control company in a case involving claims of fraud, negligence, wantonness, and breach of contract.
• Obtained summary judgment and complete dismissal on behalf of termite company in Mobile County Circuit Court on claims of fraud, negligence, wantonness, and breach of contract.
• Obtained complete summary judgment and dismissal of all claims in favor of a national retailer on an open and obvious theory wherein the Plaintiff allegedly tripped and fell on a metal barricade and sustained a broken arm.
• 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 summary judgment in favor of reginal 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 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 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.
• 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 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.
• 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 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 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 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.

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Presentations and Publications

• Initial Considerations in Defending a Lawsuit.  DRI, The Guide – A Young Lawyer’s Guide to Defense Practice (2014).
• Piercing the Corporate Veil – Alabama Nursing Home Association, Biloxi, MS   (October 27, 2014).

News & Insights

• 29 SDF ATTORNEYS LISTED IN BEST LAWYERS IN AMERICA 2022
• SDF Attorneys Gerheim, Newton & Butler Secure Favorable Opinion from Alabama Supreme Court
• Twenty-Six Attorneys Named to the 2020 Edition of Mid-South Super Lawyers
• Twenty-Six SDF Attorneys Listed in Best Lawyers in America 2021
• PPP Amendments Loosen Restrictions, Provide Additional Relief to Businesses
• Don’t Step into the PPP Loan Minefield Without a Map
• Mobile County Retailer Alert
• COVID-19 PREMISES ALERT FOR BUSINESS AND PROPERTY OWNERS
• THIRTY-ONE SDF ATTORNEYS NAMED TO THE 2019 EDITION OF MID-SOUTH SUPER LAWYERS
• Bob MacKenzie, Sybil Newton, Warren Butler, and Clayton Bromberg Obtain Ruling from The Supreme Court of Alabama Affirming Dismissal of Legal Malpractice Action
• Thirty SDF Attorneys Listed in Best Lawyers 2020
• Warren Butler Named to Who’s Who Legal: Product Liability Defence 2019
• THIRTY-ONE SDF ATTORNEYS NAMED TO THE 2018 EDITION OF MID-SOUTH SUPER LAWYERS
• Twenty-Seven SDF Attorneys Listed in Best Lawyers in America 2019
• Twenty-Eight SDF Attorneys Named to the 2017 Edition of Mid-South Super Lawyers
• Newton Butler and Presley Obtain Favorable Ruling from The Alabama Court of Civil Appeals
• Butler, Salter & Wright Named Best Lawyers “2018 Lawyer of the Year”
• Twenty-Six SDF Lawyers Listed in the 2018 Edition of Best Lawyers in America
• Butler and Presley Secure Complete Dismissal in Favor of an Alabama Municipality in a Tax Refund Action
• SDF Attorneys Obtain Favorable Opinion From Supreme Court of Alabama