ED R. HADEN is a Partner in the firm's Birmingham office and chairs the Appellate Practice Group. Ed’s practice focuses on appellate litigation, including litigation in the healthcare and energy fields. Before joining the firm, Ed served as the Nominations and Constitutional Law Counsel on the U.S. Senate Judiciary Committee for Chairman Orrin Hatch and as Chief Counsel of the Courts Subcommittee for Senator Jeff Sessions. He also clerked for the Honorable E. Grady Jolly of the United States Court of Appeals for the Fifth Circuit and served as a staff attorney for the Honorable Harold See of the Supreme Court of Alabama.  Ed is listed in Best Lawyers in America in the field of Appellate Law.  Ed regularly handles appeals in the Supreme Court of Alabama and the Eleventh Circuit. 

Representative Experience

• • Healthcare Litigation: Ed successfully obtained interlocutory review of a district court order certifying a class action challenging a scrivener's error in a health benefits booklet. Ed then assisted in drafting briefs on the merits and in preparing for oral argument that resulted in the reversal of class certification. Heffner v. Blue Cross and Blue Shield of Alabama, 443 F.3d 1330 (11th Cir. 2006).
  • Administrative Law: Ed has obtained reversals of FERC orders regarding limitations on the rollover rights of generators, Southern Company Services v. FERC, 416 F.3d 39 (D.C. Cir. 2005), and the interconnection of generators to the transmission grid, Entergy Servs. v. FERC, 391 F.3d 1240 (D.C. Cir. 2004).
  • Spent Nuclear Fuel Litigation: Ed helped try and authored summary judgment and other trial briefs, reviewed expert reports, compiled damages evidence, depositions, etc. to support two nuclear utilities' claims for damages against the United States for breaching its contract to pick up spent nuclear fuel from nuclear plants. The trial court recently awarded approximately $77 million in damages.  Southern Nuclear Operating Co. v. United States, 77 Fed. Cl. 396 (Fed. Cl. 2007). 
  • Filed Rate Doctrine Litigation: In Sierra Pacific Resources v. El Paso Corp., No. 05-15127, 2007 WL 2753048 (9th Cir. Sept. 21, 2007), Ed, Greg Cook and Russ Campbell, represented Sierra Pacific Resources and Nevada Power Company in claiming that El Paso Corporation and several other companies manipulated the natural gas market during the Western Power Crisis of 2000-2001.  The district court had dismissed the Nevada Power's complaint as barred by the filed rate doctrine and certain Racketeer Influence and Corrupt Organizations ("RICO") precedents.  On appeal, Ed contended, in a case of first impression, that the filed rate doctrine did not apply because of certain amendments to the governing natural gas statutes and that the allegations in the complaint did state a valid RICO claim.  The Ninth Circuit agreed, reversed the dismissal, and remanded the case for further proceedings in the district court. [Brief of Appellant]  [Reply Brief of Appellant] [Opinion]

  Other Cases

  • Vulcan Materials Co. v. Alabama Insurance Guaranty Ass’n, No. 1060506, 2007 WL 2216896 (Ala. Aug 3, 2007) (contended that dismissal of Alabama coverage action brought by manufacturer of perchloroethylene against multiple insurance companies was proper under Alabama’s forum non conveniens statute because litigation regarding the underlying environmental torts had begun in California -- Supreme Court adopted this position).
  • Sargent v. Alabama Power Company, No. 1051493 (Ala. June 15, 2007) (obtained affirmance of trial court’s summary judgment, which held that power company was not liable for failure to insulate power line where plaintiff raised antenna in back yard that contacted power line and resulted in injuries).
  • Ex parte George, No. 1051568, 2006 WL 3692538 (Ala. Dec. 15, 2006) (successfully opposed mandamus petition seeking to force trial judge to recuse herself based on the observation of some trial proceedings by judicial extern that had accepted employment with defense counsel but who did not work on the case for the judge or for defense counsel).
  • Ex parte Richardson, 957 So. 2d 1119 (Ala. 2006) (contended, on issue of first impression, that university trustee lacked standing to challenge another trustee’s decision to leave office and university president’s obtaining of attorney general’s opinion of terms of trustees -- Supreme Court adopted this position).
  • In Re: Alabama Department of Transportation, No. 06-15283-B (11th Cir. Oct. 5, 2006) (successfully obtained emergency mandamus relief in the form of a stay of district court’s injunction to reinstate terminated employee) (unpublished order).
  • RaCON, Inc. v. Tuscaloosa County, 953 So. 2d 321 (Ala. 2006) (obtained affirmance of trial court’s summary judgment, which held that county was not liable for additional payments for portion of project that contractor zero bid).
  •  United States v. Williams, No. 05-12307, 175 Fed. Appx. 299 (11th Cir. April 10, 2006) (represented criminal defendant, pursuant to CJA appointment by the 11th Circuit, in an appeal of his guilty plea and sentence arising from a controlled substances conviction -- court affirmed conviction and sentence).
  • Riscorp, Inc. v. Norman, 915 So. 2d 1142 (Ala. 2005) (served as amicus counsel for Alabama Bankers Association and contended that a corporation’s reliance on the advice of counsel should mitigate against the award of punitive damages).
  • Eagerton v. Second Economic Development Co-op. Dist. of Lowndes County, 909 So. 2d 783 (Ala. 2005) (after the Supreme Court of Alabama invited Balch & Bingham to submit an amicus brief, contended that proposed bond issue would create unconstitutional debt -- Supreme Court adopted this position).[Amicus Brief] [Opinion]
  • Alfa Life Insurance Corp. v. Jackson, 906 So. 2d 143 (Ala. 2005) (served as amicus counsel for the Business Council of Alabama, to successfully contend, on application for rehearing, that mental anguish damages and punitive damages were excessive).  [Amicus Brief]  [Opinion 1/7/05]  [Opinion 5/7/04]  [Opinion 11/19/04]
  • McDonald v. Southern Company, No. 03-13377-D, 116 Fed. Appx. 250 (Table) (11th Cir. Aug. 27, 2004) (obtained affirmance of summary judgment for defendant company in employment discrimination case).
  • Alabama Power Co. v. Moore, 899 So. 2d 975 (Ala. 2004) (wrote briefs that resulted in court reversing and rendering judgment in electrical contact case in which jury had rendered a $2.2 million award, including $1.2 million in punitive damages). 
  • Entergy Servs. v. FERC, 391 F. 3d 1240 (D.C. Cir. 2004)(assisted in drafting reply brief that resulted in Court's vacating of an order of the Federal Energy Regulatory Commission dealing with the interconnection of generators to transmission grids).
  • Ex parte Williams, 895 So. 2d 924 (Ala. 2004) (served as counsel for amicus Alabama Council of Associated Workers’ Compensation Self-Insurers Funds, and contended, on application for rehearing, that workers’ compensation settlements were subject to apportionment for future medical expenses).
  • Alabama Environmental Council, Inc. v. Alabama Public Service Commission, 893 So. 2d 287 (Ala. 2004) (successfully contended that public interest group lacked standing to challenge public service commission order).
  • Alabama Republican Party v. McGinley, 893 So. 2d 337 (Ala. 2004) (obtained reversal of trial court’s holding that political party violated constitutional rights of candidate by disqualifying her from that party’s primary).
  • Shelnutt v. Alabama Power Co., No. 1021231, 899 So. 2d 313 (Table) (Feb. 13, 2004) (obtained affirmance of summary judgment for defendant company in a premises liability case involving an injury to an independent contractor’s employee who was performing maintenance work at defendant’s plant).
  • Alfa Life Insurance Corp. v. Johnson, No. 1011408, 2003 WL 329161 (Ala. Feb. 14, 2003) (wrote amicus brief that successfully obtained withdrawal of a class action certification precedent after settlement).
  • Securities America, Inc. v. Rogers, 540 U.S. 818 (2003) (served as counsel of record in obtaining denial of certiorari in case where Supreme Court of Alabama had denied arbitration).
  • The Citizens Bank v. Alafabco, 539 U.S. 52 (2003) (successfully served as counsel for amicus Alabama Bankers Association in obtaining reversal on certiorari (i.e., without briefing on the merits) of Supreme Court of Alabama’s decision that Federal Arbitration Act did not apply to intrastate commercial transactions). [Amicus Brief] [Opinion]
  • Shiv-Ram, Inc. v. McCaleb, 892 So. 2d 299 (Ala. 2003) (served as counsel for amici Business Council of Alabama, Alabama Bankers Association, Alabama Civil Justice Reform Committee, and Automobile Dealers Association of Alabama, Inc., in successfully arguing, on application for rehearing, for limitation on duty of purchasers of businesses regarding pre-purchase wanton acts by sellers). [Amicus Brief]  [Opinion]
  • Ex parte Perfection Siding, Inc., 882 So. 2d 307 (Ala. 2003) (served as counsel for amicus Alabama Council of Associated Workers’ Compensation Self-Insurers’ Funds, contending that workers’ compensation act’s exclusivity provisions shielded employer from tort suit).
  • Miller v. Marshall County Board of Education, 652 So. 2d 759 (Ala. 1995) (obtained affirmance of trial court decision upholding local tax statute on grounds that local statute addressed special need not adequately addressed by general law so that special statute was not subsumed by general statute and was therefore constitutional).  

PROFESSIONAL ACTIVITIES

• • Alabama Bar Association 
        Appellate Practice Session 
        Health Law Section
  • Alabama Defense Lawyers Association 
        Amicus Practice Group
  • American Bar Association 
        Litigation/Appellate Practice Section 
        Appellate Practice Subcommittees 
        Appellate Practice Journal - Board of Editors and Programming 
        Subcommittee
  • American Health Lawyers Association 
        Healthcare Liability & Litigation
  • Birmingham Bar Association 
        Appellate Section
  • Defense Research Institute (DRI) 
        Appellate Advocacy
  • Energy Bar Association
  • The Federalist Society 
        Federalism and Separation of Powers Practice Group  

  

Prior Employment

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