R. BRUCE BARZE, JR. is a member of the Litigation section, where he has practiced since 1992.

During his sixteen years of law practice, Bruce has tried commercial disputes, fraud cases, environmental claims, and wrongful death and personal injury cases. He has significant experience defending high exposure personal injury and wrongful death litigation. Bruce served as national coordinating counsel for a pharmaceutical company in the phen-fen litigation, and serves as state or regional counsel for a number of product manufacturers, including those who make heavy trucks and other vehicles, electrical equipment, and pharmaceuticals and medical devices. He also spends a significant amount of time handling insurance coverage issues and commercial disputes for both plaintiffs and defendants. In addition, Bruce handles a wide variety of environmental litigation matters involving state and federal environmental laws and/or common law claims.

Bruce served as the President of the Alabama Defense Lawyers Association (ADLA) for 2007-08 and has served on the ADLA Board of Directors since 1999. He has been selected for inclusion in 2008 “Alabama Super Lawyers” by Law & Politics. He is a Fellow of the American Bar Foundation and is an active member of the International Association of Defense Counsel (IADC), and the Defense Research Institute (DRI). Bruce will serve as the DRI State Representative for Alabama from 2008-2011. He also is active in the Alabama State Bar, having served on the Character and Fitness Committee since 1998. Bruce is admitted to practice in all State and Federal courts in Alabama, as well as the Eleventh Circuit Court of Appeals and the United States Supreme Court. He has litigated matters in courts throughout the Southeast and in Colorado, Ohio, Pennsylvania, and Wisconsin.

Bruce is married and the proud father of two children. He is a member of the Church Council of Canterbury United Methodist Church and a member of the Board of Directors of The Bell Center, which provides programs and services for young children who are at risk for developmental delay (www.thebellcenter.org).

Some of Bruce's relevant experience includes:

• Obtained a judgment for a venture capital firm suing a developer for breach of their agreements related to construction and development of a subdivision and marina project located in Walton County, Florida. After two days of trial, we persuaded an Alabama Court to declare the developer in default and require him to surrender his interest in the LLC. The Court also awarded our client all of the attorneys’ fees incurred in the case.
• Served as coverage counsel for an insurer and helped it settle a dangerous wrongful death case. We also filed a suit seeking reimbursement of the settlement amount from a company that agreed to indemnify our client’s insured and that company’s insurer. Following aggressive discovery and briefing and argument of several dispositive motions, we settled the case and recovered nearly $1.6 million for our client.
• Part of a team defending one of the country’s largest investor-owned utilities in a significant New Source Review enforcement action brought by EPA and the Department of Justice.
• Currently representing one of the world’s largest chemical companies in a toxic tort class action allegedly involving 60,000 workers and exposure to polymeric diphenyl methane diisocyanate (PMDI).
• Served as national coordinating counsel for a pharmaceutical company in the recent fen-phen litigation, managing thousands of cases and lawyers in Alabama, California, Florida, Georgia, Mississippi, and North Carolina, as well as multidistrict litigation proceedings in Pennsylvania.
• Managed and took hundreds of plaintiffs’ depositions throughout the Southeast in cases against a manufacturer of asbestos-containing products.
• Currently acting as Alabama state counsel for well-known vehicle and pharmaceutical companies.
• Serving as the lead attorney for one of the world’s largest providers of power and automation technology in litigation around the country to prevent the misappropriation of its technology by competitors and former employees.
• Representing several corporate policyholders in multi-million dollar insurance coverage disputes with their insurance carriers.

Substantial Matters

• • Settled a lawsuit alleging violation of federal environmental laws, as well as trespass, negligence and nuisance, brought by the owner of a commercial nursery against a nearby business. Our client alleged that the defendant had contaminated the nursery’s irrigation pond, thereby severely damaging his container plant inventory, contaminating his property, and injuring his business reputation. Click here to read articles written in The Decatur Daily and the Athens News Courier about this case and its resolution. 
  • Obtained summary judgment for insurer in case brought by roller coaster manufacturer seeking coverage for underlying negligent engineering suit. We persuaded the Alabama federal court that our client was entitled to summary judgment in light of the professional services exclusion and because there was no “occurrence” of bodily injury or property damage. Custom Coasters, Inc. v. Stonewall Surplus Lines, Inc., 1999 U.S. Dist. LEXIS 3295 (S.D. Ala. 1999).
  • Obtained summary judgment for refractory company in asbestos litigation and successfully litigated appeal in which plaintiffs sought to circumvent the Alabama personal injury statute of limitations by arguing CERCLA preemption. Chestang v. W.R. Grace & Co., 709 So. 2d 470 (Ala. 1998).
  • Prevailed on correct legal tests to be applied against electric utility in Clean Air Act case brought by EPA as part of its New Source Review enforcement initiative. Court held that EPA interpretation was not entitled to deference and that EPA attempted to redefine rules through litigation rather than rulemaking. U.S. v. Alabama Power Co., 372 F. Supp. 2d 1283 (N.D. Ala. 2005).
  • Successfully challenged EPA Administrative Order issued to electric utility for alleged violations of Clean Air Act. Tennessee Valley Authority v. Whitman, 336 F.3d 1236, (11th Cir. 2003).
  • Obtained summary judgment for power company in case where two construction workers were killed when their crane made contact with a power line. On appeal, Supreme Court of Alabama agreed that power company did not have requisite notice of construction activity. McGregory v. Lloyd Wood Const. Co., 736 So. 2d 571 (Ala. 1999).
  • Obtained dismissal of Clean Water Act lawsuit alleging contamination of the Cahaba River by construction company client involved in construction of Barber Motorsports Park.
  • Successfully resolved lawsuit filed against major nationwide retailer by adjacent property owner claiming damage as a result of leaking underground gasoline storage tanks.
  • Successfully resolved multi-million dollar lawsuit against one of North America's largest producers of oriented strand board by adjacent property owner claiming damage to his pond and property from storm water runoff.
  • Successfully represented power company in equal protection challenge filed by landowner adjacent to reservoir. Obtained summary judgment on claim at trial court level, handled appeals all the way to the U.S. Supreme Court and successfully persuaded Supreme Court to deny plaintiffs' petition for writ of certiorari.
  • Handled coverage issues and litigated scope of absolute pollution exclusion in Mississippi wrongful death and personal injury cases arising out of a gasoline tanker spill and resulting explosion.
  • Have analyzed numerous insurance coverage issues relating to alleged exposure to toxic chemicals by plaintiffs in wrongful death and personal injury cases in Alabama, Mississippi, and Florida. These have included alleged exposure to toxic chemicals at industrial sites and exposure to CCA treated lumber and utility poles.
  • Obtained summary judgment for bank and bank officers in Rule 10b-5 securities aiding and abetting case. In re Comptronix Securities Litigation, 831 F. Supp. 1563 (N.D. Ala. 1993).

PROFESSIONAL ACTIVITIES

• Alabama Defense Lawyers Association, President. Board of Directors, 1999-present
  
• Alabama State Bar, Character and Fitness Committee, 1998-present
• Fellow, American Bar Foundation
• Birmingham Bar Association
• Listed in Alabama Super Lawyers, 2008
• International Association of Defense Counsel (Chairman, Environmental, Energy and Maritime Law Committee, 2004-2007)
• Defense Research Institute (DRI)
• ADLA Young Lawyers Trial Academy, Co-chair, 1995-1998
  
  
  

COMMUNITY RELATIONS

• • Member, Board of Directors, The Bell Center (Chairman of Funding Committee)
  • Member, Church Council, Canterbury United Methodist Church
  • Member, Early Warning Panel, Mountain Brook School System

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