Substantial Matters

• The following describes in some detail the matters for which Mr. McCorkle has had primary or significant responsibility over the course of his legal career.

  Reported Decisions

  • Cagle's Inc. v. Valley National Bank, 153 F.Supp. 2d 1288 (M.D. Ala. 2001) (UCC Articles 3 and 4; summary judgment granted in favor of bank).
  • Reliance Nat. Indem. v. Pinnacle Cas. Assur. Corp, 160 F.Supp.2d 1327 (M.D. Ala. 2001) (venue).
  • Ramirez v. Alabama Power Co., 898 F.Supp. 1537 (M.D. Ala. 1995) (personal injury to employee of independent contractor; motion for summary judgment granted and affirmed on appeal).
  • Kirkland v. Montgomery Ward & Co., 882 F.Supp.1020 (M.D. Ala. 1995) (case remanded).
  • Storer Cable Communications, Inc. v. The City of Montgomery, Alabama, 806 F.Supp. 1518 (M.D. Ala. 1992) (cable television litigation), vacated, 826 F.Supp.1338 (M. D. Ala. 1993).
  • Tom’s Foods, Inc. v. Carn, 896 So. 2d 443 (Ala. 2004) (reversing and rendering jury verdict for the plaintiff).
  • Exxon Corp. v. DCNR, 859 So. 2d 1096 (Ala. 2002) (reversing jury verdict for plaintiff on grounds of improper admission of attorney-client privileged information into evidence).
  • Lewis v. Fraunfelder, 796 So. 2d 1067 (Ala. 2000) (amicus) (Ala. Code §6-5-370 does not create civil cause of action for violation of criminal law).
  • Evans v. General Parts, Inc., 723 So. 2d 1249 (Ala. 1998) (case alleging fraud against automobile parts distributor; summary judgment in favor of the distributor affirmed).
  • Williams v. Norwest Financial Alabama, Inc., 723 So. 2d 97 (Ala.Civ.App.1998) (case alleging fraud in the sale of credit insurance by finance company; summary judgment in favor of finance company affirmed).
  • Lamar Advertising of Montgomery, Inc. v. State of Alabama DOT, 694 So. 2d 1256 (Ala. 1996) (Alabama Highway Beautification Act litigation).
  • Ex Parte AU Hotel, Ltd., 677 So. 2d 1160 (Ala. 1996) (venue).
  • ANCO TV Cable Company, Inc. v. Vista Communications Limited Partnership 1, 631 So. 2d 860 (Ala.1996) (cable television litigation; summary judgment in favor of the defendant affirmed).
  • State Hwy. Dept. v. Lamar Advertising of Montgomery, Inc. 594 So. 2d 1205 (Ala.1992) (Alabama Highway Beautification Act litigation).
  • State Department of Human Resources v. R.C., 592 So. 2d 587 (AIa.Civ.App.1990) (judgment granting custody of child to foster parents affirmed).
  • Jones v. Ingram, 585 So. 2d 64 (Ala.Civ.App. 1991) (amicus) (Teacher Tenure Act litigation).
  • State v. Brown, 577 So. 2d 1256 (Ala. 1991) (amicus) (attorney's fees litigation).
  • Ex Parte Coker, 575 So. 2d 43 (Ala. 1990) (amicus) (legislative process litigation).
  • Screws v. Ballard, 574 So. 2d 827 (Ala.Civ.App. 1990) (employment litigation; state agency's termination of employee sustained).
  • Ex Parte Civil Service Bd., 571 So. 2d 1125 (Ala. 1990) (civil service litigation; Civil Service Act does not require pre-hearing discovery).
  • Jenkins, Weber and Associates v. Hewitt, 565 So. 2d 616 (Ala. 1990) (competitive bid litigation; summary judgment in favor of successful bidder on information systems contract affirmed).
  • Watson, Watson & Rutland v. Bd. of Educ., 559 So. 2d 168 (Ala. 1990) (represented manufacturer of roof membrane in construction dispute).
  • Ames by and through Parker v. Reeves, 553 So. 2d 570 (Ala. 1989) (summary judgment in favor of executor of estate in will contest affirmed).
  • AT&T Inf. Sys., Inc. v. Cobb Pontiac-Cadillac, 553 So. 2d. 529 (Ala. 1989) (appeal of fraud verdict).
  • Ex Parte Clayton, 552 So. 2d 152 (Ala. 1989) (amicus) (Fair Dismissal Act case).
  • Clayton v. Board of School Comm'rs, 552 So. 2d 145 (Ala.Civ.App. 1988) (amicus) (Fair Dismissal Act case).
  • Currie v. Currie, 550 So. 2d 423 (Ala.Civ.App. 1989) (divorce property division reversed).
  • Weedon v. Crowell, 540 So. 2d 1376 (Ala.Civ.App. 1989) (amicus) (recruitment of high school principal).
  • Stone v. Jones, 530 So. 2d 232 (Ala. 1988) (trust litigation; summary judgment affirmed).
  • Hightower and Co., Inc. v. U.S. Fidelity & Guar., 527 So. 2d 698 (Ala. 1988) (summary judgment for surety against indemnitor/contractor reversed).
  • Blue Cross-Blue Shield of Alabama v. Protective Life Ins. Co., 527 So. 2d 125 (Ala.Civ.App. 1987) (judgment prohibiting BCBS from acquiring and operating life insurance company affirmed).

  Jury Trials

  • Adams v. Gateway Companies, Inc., in the United States District Court for the Middle District of Alabama. Represented computer manufacturer in jury trial to determine whether dispute was subject to arbitration.
  • Dijt v. Bank of Prattville, in the Circuit Court of Elmore County, Alabama. Case alleging fraud against the bank.
  • Mayhann v. General Parts, Inc., in the United States District Court for the Northern District of Florida, Panama City Division. Represented national automobile parts distributor in case alleging fraud and antitrust violations against distributor of automobile parts. Defendant's verdict on all counts except antitrust claim.
  • State of Alabama v. Lamar Advertising of Montgomery, Inc., in the Circuit Court of Montgomery County, Alabama. Represented owner of outdoor advertising signs in condemnation action.
  • Thomas Hall v. Koppers, Inc., in the United States District Court for the Middle District of Alabama. Represented plaintiff in personal injury action.
  • Hammack v. Green Tree Financial Corporation, in the Circuit Court of Escambia County, Alabama. Represented finance company in case alleging fraud and conversion in the repossession of a mobile home.
  • Moody v. General Electric Company, in the United States District Court for the Middle District of Alabama. Defended lessee of crane in action involving serious personal injuries.
  • Oliver v. The Equitable Life Assurance Society of the United States, in the Circuit Court of Lee County, Alabama. Represented life insurance company in case alleging fraud in the sale of life insurance policy.
  • Garner v. Sandestin Beach Resort, Inc., in the United States District Court for the Middle District of Alabama. Represented resort in case alleging fraud in the sale of hotel packages.
  • Stinson v. Draughons Junior College, in the Circuit Court of Montgomery County, Alabama. Represented proprietary junior college in case alleging misrepresentation and suppression regarding programs and placement opportunities for students of the school.
  • United States v. Enzor, in the United States District Court for the Middle District of Alabama. Represented probate judge in case alleging tax and mail fraud regarding handling of license tag receipts.

  Other Cases of Note

  • Represented distributor of industrial wire and cable products in case alleging breach of contract, breach of warranty and fraud. Partial summary judgment granted.
  • Represented limited partner in real estate partnership against general partners and bank.
  • Defended corporation alleged to have employed managerial employee in violation of covenant not to compete.
  • Local counsel for investment banks in case alleging fraud in the sale of securities of telecommunications company.
  • Defended class action alleging fraud in the sale of life insurance as part of a cafeteria plan.
  • Defended putative class action alleging fraud in the sale of credit insurance. Served as liaison counsel for 81 defendants.
  • Represented class of employees in ERISA action against employer and others regarding improper handling of employees' benefit plan.
  • Represented claimant before the State Board of Adjustment.
  • Defended putative class action against credit insurance company alleging fraud in the sale of credit insurance.
  • Represented owners, contractors, subcontractors, architects, and lenders in a variety of construction disputes, including Miller Act, Little Miller Act, bond, lien, and professional negligence claims.
  • Represented creditors and credit reporting agencies in consumer credit litigation.
  • Defended County Board of Education against Fair Dismissal Act Claim.
  • Represented, with others, chemical manufacturer in case alleging variety of torts with respect to Superfund Site.
  • Represented bank president in case alleging that president suppressed depositor's scheme to defraud investors.
  • Represented real estate developer in case alleging negligence and fraud in developing subdivision on property with allegedly contaminated groundwater.
  • Worked with expert witness to rebut lost profits damage calculations presented by chicken processing plant in case alleging failure to construct properly waste water treatment facilities.
  • Represented insurance companies seeking rescission of life insurance and disability insurance policies for misrepresentations by insureds.
  • Represented insurance companies in numerous cases alleging fraud with respect to life insurance, including life insurance sold as a retirement plan, life insurance sold as part of a cafeteria plan, vanishing premiums, misappropriation of cash surrender values, and bad faith refusal to pay claims.
  • Represented insurance companies in numerous cases alleging fraudulent sales practices.
  • Defended home builder before Alabama Home Builders Licensure Board.
  • Represented former wife in fraudulent transfer action.
  • Defended worker's compensation claims against lumber manufacturer.
  • Represented plaintiffs in personal injury cases.
  • Represented alleged seller of bicycle carrier in wrongful death action.
  • Represented utility in motel fire.
  • Represented bank in forced placed insurance case.
  • Represented utility in trespass actions.
  • Developed and presented financial evidence in support of remittitur of $11.8 billion punitive damages award in post-trial Hammond hearing.
  • Developed and presented financial evidence in support of remittitur of $3.42 billion punitive damages award in post-trial Hammond hearing.
  • Developed and presented financial evidence in support of remittitur of $5 million punitive damages award in post-trial Hammond hearing.
  • Prepared post-trial motion for remittitur of punitive damages in mining trespass case.
  • Defended automobile distributorship in case alleging fraud in the award of dealerships.
  • Prepared post-trial motion to remit or to reduce as a matter of law punitive damages in case alleging retaliatory discharge.
  • Opposed application for certificate of need for mobile lithotripter before the State Health Planning and Development Agency.
  • Defended former employee in trade secrets litigation.
  • Represented will contestant.
  • Opposed application for certificate of need for MRI.
  • Represented investment bank in lender liability litigation.
  • Represented Alabama Department of Insurance in revocation of license of property and casualty insurance company.
  • Represented telecommunications company before Alabama Public Service Commission on application for certificate of authority for intrastate long distance service.
  • Represented trucking company before Alabama Public Service Commission on application on certificate of authority to transport liquid gases.
  • Represented finance company in consumer bankruptcies.
  • Defended automobile parts distributor in series of cases alleging fraud against distributor by independent auto parts jobbers.
  • Represented bank on complaint for exception to discharge against trucking company in bankruptcy court.
  • Represented real estate limited partnership in lender liability claim against bank.
  • Represented real estate limited partnership in Chapter 11.
  • Defended personal injury claim before the State Board of Adjustment.
  • Defended conference center owner against claims of developer and investor for fraud.
  • Represented organizer of corporation who was “squeezed out" of corporation once it became profitable.
  • Represented computer service company in case alleging breach of contract, breach of warranty, and fraud in sale of insurance claims handling system.

PROFESSIONAL ACTIVITIES

• • American Bar Association
  • Alabama State Bar
  • Federal Bar Association
  • Montgomery County Bar Association
  • Alabama Defense Lawyers Association, Speaker for Trial Academy
  • Listed in The Best Lawyers in America, 2004-Present
  • Listed in Super Lawyers, 2008 & 2009

  

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