ALLEN M. ESTES is a Partner in the firm’s Birmingham office. As a member of Balch & Bingham’s Litigation Section, Allen represents public utilities, electric cooperatives, investor owned and private corporations, and individuals throughout the nation.
Allen’s practice focuses on the areas of energy litigation; joint use and pole attachments; smart grid initiatives and regulatory proceedings; the defense of personal injury, wrongful death, defamation and property damage claims; complex commercial litigation; covenant not to compete enforcement; and contract disputes. Allen also has experience negotiating agreements for clients outside of the litigation arena to minimize client risks.
Energy Litigation
As a member of the firm's Energy Litigation Practice Group, Allen has successfully represented numerous investor owned utilities and electric cooperatives in a variety of forums. This representation involves actions before the Federal Energy Regulatory Commission, state regulatory agencies, United States Federal District Courts, state trial courts, and United States Bankruptcy Courts. For the past eight years Allen has been a part of the trial team representing two investor owned utilities in the numerous actions arising out of the Western Energy Crisis of 2000-2001.
In addition to litigation matters, Allen has conducted a wide range of Due Diligence reviews for public utilities and other corporations at sites throughout the nation.
Joint Use & Pole Attachments
Allen represents public utilities and electric cooperatives in Joint Use and Pole Attachment matters, including contract negotiations, contract disputes and litigation at the state and federal levels. Recently, Allen has been part of Balch & Bingham's Joint Use Team representing numerous IOU's and electric cooperatives before the FCC in the pole attachment and Broadband NPRMs. Allen also represents several statewide cooperative organizations in negotiations for uniform pole attachment agreements and in efforts to collect millions of dollars owed by various attachers.
Smart Grid
As a member of the firm's Smart Grid focus team, Allen advises clients on various advanced metering initiatives and related regulatory issues. For example, Allen represents several clients' interests at the FCC related to third party attempts to "unbundle" the smart meter and obtain unrestricted access to customer information.
Product Liability and Casualty Litigation
As a member of the firm’s Product Liability and Casualty Practice Group, Allen is currently defending several international manufacturing companies against multi-million dollar wrongful death and personal injury claims arising out of automobile and workplace accidents. Allen also represents numerous Fortune 500 corporations in litigation related to contract disputes and accusations of fraudulent or defamatory conduct in multi-million dollar business transactions. Additionally, Allen is currently representing corporate defendants in several high stakes property damage disputes.
Business Litigation
Allen represents several Fortune 500 companies in a variety of complex business disputes. Examples include covenant not to compete actions, credit card processing disputes, multi-million dollar contract disputes, actions arising out of director and officer misconduct and fraud. Allen has also been involved in a variety of Due Diligence and pre-suit discovery reviews for numerous companies of all sizes.
Appellate Litigation
Allen has represented individual and corporate clients in appellate actions before the United States Supreme Court, the United States Circuit Court of Appeals for the Eleventh Circuit, the United States Circuit Court of Appeals for the Second Circuit, and the Alabama Supreme Court. Allen has particular familiarity in handling post-trial motions and appeals arising out of excessive jury verdicts, including excessive mental anguish and punitive damage awards. Allen’s appellate experience includes successfully handling appeals of verdicts entered against clients otherwise represented at trial.
Condemnation, Land Use and Water Rights
Allen represents public utilities and other Fortune 500 corporations in condemnation, easement and other land use actions in federal and state courts, as well as before administrative and municipal bodies.
Representative Cases:
McGinnis v. Jim Walter Homes, Inc. et. al., 800 So. 2d 140 (Ala. 2001).
J.C. Bradford & Co., L.L.C. v. Vick, 837 So. 2d 271 (Ala. 2002).
Securities America, Inc. v. Charles P. Rogers et. al., 850 So. 2d 1252 (Ala. 2003).
PROFESSIONAL ACTIVITIES
- Alabama Defense Lawyers Association --Past President, Young Lawyers Section; Past Member, Board of Directors
- Alabama State Bar
- American Bar Association
- Birmingham Bar Association -- Fee Arbitration Committee; Scholarship Committee
- Defense Research Institute (DRI)
- Energy Bar Association