JENNIFER H. CLARK is an Associate in the Firm’s Birmingham office and practices in the Litigation Section of the Firm. Jennifer has experience in various areas of trial and appellate litigation. She has represented homeowners' associations, corporations, developers, individuals, and public utilities in a wide variety of matters. Jennifer’s practice focuses on the areas of real estate litigation, complex commercial litigation, environmental litigation, class action litigation, and business and financial services litigation. Jennifer’s primary area of concentration is real property litigation, and her real property litigation experience includes land use restriction, easement, contract, trespass, and riparian rights disputes.
Jennifer regularly represents a Firm client on complex reservoir management matters, involving the application of real estate law, Federal Energy Regulatory Commission requirements, and U.S. Army Corps of Engineers regulations.
In addition, Jennifer represents numerous property owners’ associations and developers and is routinely involved in protective covenant enforcement litigation. She is often called upon to advise property owners’ associations and developers on issues relating to land use restrictions and the application of these restrictions to various situations.
Jennifer also dedicates a significant portion of her practice to other areas of real estate law, including the law of title insurance, real estate information services, and land use and planning.
Jennifer has tried several jury and non-jury cases involving business disputes and claims for alleged property damage. Jennifer has been successful in obtaining summary judgments for her clients in property and business dispute matters as well as in class action litigation.
Jennifer is an adjunct faculty member at Samford University, where she teaches a class in trial advocacy.
Representative Experience
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PROPERTY DAMAGE AND DISPUTES: The majority of Jennifer’s practice is dedicated to defending clients’ property rights in disputes involving real property. Jennifer routinely represents property owners in actions involving trespass and other claims of property rights infringement.
BUSINESS LITIGATION: Jennifer’s experience extends into the business litigation arena. She has defended clients in a variety of business disputes. She has represented business owners in litigation arising from disputes involving allegations of minority shareholder oppression. She has also successfully defended a number of actions and class actions arising out of the mortgage and subprime crisis, including matters for loan servicers, lenders, title insurance agents and settlement services providers.
Representative Cases:
Edwards v. Accredited Home Lenders, Inc.; Lender's First Choice, Inc., 2008 WL 2952075 (S.D. Ala. July 29, 2008).
Mallory v. GMS Funding, LLC, 2008 WL 276578 (S.D. Ala. Jan. 30, 2008).
TOXIC TORTS: Jennifer also has experience defending clients against personal injury claims arising out of exposure to toxic torts.
PROFESSIONAL ACTIVITIES
- Birmingham Bar Association, Young Lawyers' Section
Vice President, Public Service - 2010
Vice President, Social - 2009
Secretary & Treasurer - 2008
Executive Committee, member – 2007
- Birmingham Bar Association, Alternative Dispute Resolution Section
Membership Chair - 2009 & 2010
- Birmingham Bar Association, History & Archives Committee 2010
- Birmingham Bar Association, 2009 Future Leaders Forum
- American Bar Association
- Alabama State Bar
- Alabama Defense Lawyers Association
- Alabama Defense Lawyers Trial Academy
- Defense Research Institute (DRI)
- Birmingham Inns of Court
COMMUNITY RELATIONS
- Jennifer is an adjunct faculty member at Samford University, where she teaches a class in trial advocacy. Jennifer is active in the Birmingham Bar Association and is currently serving as Vice President of the Young Lawyers' Section, as Membership Chair of the Alternative Dispute Resolution Section, and on the History & Archives Committee. She was also selected for the Birmingham Bar's Future Leaders Forum, Class of 2009. Jennifer is also a member of the Junior League of Birmingham.