R. BRUCE BARZE, JR. is a technology oriented litigation attorney with substantial experience handling business, insurance, and environmental litigation and defending high-stakes personal injury and wrongful death cases. A high premium is placed on providing excellent client satisfaction, problem solving, and preemptive legal work.

During nearly twenty years of law practice, Bruce has tried insurance and commercial disputes, fraud cases, environmental claims, and wrongful death and personal injury cases.  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 companies, including product manufacturers who make heavy trucks, other vehicles, and electrical equipment. Bruce also advises clients on matters involving environmental issues, commercial disputes, and insurance coverage.

Bruce serves on the DRI Board of Directors and is a Past President of the Alabama Defense Lawyers Association. He is listed in The Best Lawyers in America (Bet-the-Company Litigation, Commercial Litigation, Product Liability Litigation), in “Alabama Super Lawyers” by Law & Politics and as a “Future Star” by Benchmark Litigation. He is a Fellow of the American Bar Foundation and an active member of the International Association of Defense Counsel (IADC). 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 U.S. Court of Appeals for the Eleventh Circuit and the United States Supreme Court. He has litigated matters in courts throughout the Southeastern U.S. and in Colorado, Louisiana, Ohio, Pennsylvania, West Virginia and Wisconsin.

Bruce is married and the proud father of two children. He is 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 $2.09 million jury verdict for a corporate client in a breach of contract and bad faith lawsuit in federal court in Tennessee.
• Obtained six-figure settlement in a trademark infringement/deceptive trade practices lawsuit in Ohio on behalf of one of the world's largest electrical engineering companies.
• Served as counsel to the Local Redevelopment Authority overseeing the environmental remediation and re-development of property formerly comprising the U.S. Army's Ft. McClellan.
• Served as coverage counsel for an insurer, helping it settle a dangerous wrongful death case and 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.
• Represented defendants in cases in Alabama and West Virginia filed by coal miners alleging exposure to polymeric diphenyl methane diisocyanate (PMDI).
• Served as national coordinating counsel for a pharmaceutical company in the fen-phen litigation, managing thousands of cases and numerous lawyers in Alabama, California, Florida, Georgia, Mississippi, and North Carolina, as well as multidistrict litigation proceedings in Pennsylvania.

Substantial Matters

• • Obtained summary judgment in Clean Air Act case filed by EPA against investor-owned utility.  U.S. v. Alabama Power Co., 2011 U.S. Dist. LEXIS 34643 (N.D. Ala. Mar. 14, 2011).
  • Obtained dismissal of lawsuit challenging Corps of Engineers permit issued to the City of Cullman for construction of dam and 650-acre drinking water reservoir.  Alabama Rivers Alliance v. U.S. Army Corps of Engineers, 2009 WL 6084649 (N.D.Ala. March 31, 2009).
  • Successfully represented a venture capital company in a dispute with a developer of a multi-million dollar Florida waterfront community and marina. Following a trial, the Court declared the developer in default and granted complete relief to our client, including an award of attorneys’ fees.
  • Obtained summary judgment in wrongful death case filed against a heavy truck manufacturer.  Plaintiff’s decedent was killed after he fell off the rear riding step on a refuse truck.  The court dismissed Plaintiff’s claims following a successful Daubert challenge of Plaintiff’s expert’s qualifications.  Beam v. McNeilus Truck and Manufacturing, Inc., 2010 WL 1069616 (N.D.Ala. March 24, 2010).   
  • Obtained a defense verdict for part-owner of a hotel sued for shareholder oppression and fraud by a minority shareholder.
  • Obtained a multi-million dollar settlement for a commercial nursery in a Clean Water Act lawsuit filed against a neighboring business. Our client’s nursery crops and business were damaged as a result of the defendant’s contamination of our client’s irrigation pond with agricultural pesticides and other chemicals.
  • 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).
  • Successfully challenged EPA administrative order subjecting TVA to civil penalties under the Clean Air Act after court determined that EPA’s statutory scheme was unconstitutional. TVA v. Whitman, 336 F.3d 1236 (11th Cir. 2003).
  • 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).
  • Obtained summary judgment for electric utility in case where two construction workers were killed when their crane made contact with a power line. McGregory v. Lloyd Wood Const. Co., 736 So. 2d 571 (Ala. 1999).
  • Prevailed in insurance coverage matter for carrier.  Court held that insurer was not obligated to defend rollercoaster manufacturer in underlying negligent engineering suit because rollercoaster's malfunction was not a policy occurrence.  Custom Coasters, Inc. v. Stonewall Surplus Lines Ins. Co., 1999 U.S. Dist. LEXIS 3295 (S.D. Ala Feb 24, 2999).
  • After a week of trial, successfully resolved lawsuit filed against major nationwide retailer by adjacent property owner claiming property damage as a result of leaking underground gasoline storage tanks.
  • Resolved for a nominal amount a case filed against one of North America's largest producers of oriented strand board. The plaintiff was an adjacent property owner claiming damage to his pond and property from storm water runoff and other alleged contaminants.

PROFESSIONAL ACTIVITIES

• • Listed in The Best Lawyers in America (Bet-the-Company Litigation, Commercial Litigation, Product Liability Litigation), 2010-2012
  • Listed in Alabama Super Lawyers, 2008-2012
  • Named a "Future Star" by Benchmark Litigation, 2009-2012
  • Listed in International Who's Who of Product Liability Defence Lawyers, 2011
  • Fellow, American Bar Foundation
  • Alabama Defense Lawyers Association, President, 2007-2008; Board of Directors, 1999-2011
  • Defense Research Institute (DRI), Board of Directors, 2011-present; Alabama State Representative, 2008-2011
  • Alabama State Bar, Character and Fitness Committee, 1998-2011
  • Appointed by Supreme Court to Advisory Committee on the Alabama Rules of Evidence, 2009-present
  • Birmingham Bar Association
  • International Association of Defense Counsel (Southeast Regional Membership Chair. Chair, Technology Committee, 2008-2010. Chair, Environmental, Energy and Maritime Law Committee, 2004-2007)
  • Foundation of the IADC, Board of Directors, 2008-2011

   

  

COMMUNITY RELATIONS

• • Assistant Scoutmaster, Boy Scout Troop 28
  • Member, Board of Directors, The Bell Center
  • Member, Early Warning Panel, Mountain Brook School System

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