Litigation

Balch & Bingham’s Litigation Practice handles a wide variety of disputes. We pride ourselves as not just book lawyers but trial attorneys, appearing in state and federal courthouses throughout the country and before arbitration panels throughout the country and throughout a series of industries. Our experience covers almost every area of the law and ranges from complex commercial litigation to personal injury and products liability.

We emphasize trial training for our litigators, requiring all associates to participate each year in a trial training workshop conducted by our partners, requiring all litigation associates to participate in outside trial workshops, and requiring all newly elected litigation partners to attend an extended program with the National Institute of Trial Advocacy. Our litigators are frequent instructors in trial workshops and a number of our litigators are listed in The Best Lawyers in America, including in the new category of the “Bet The Company” litigators and listed in Chambers USA America's Leading Lawyers for Business.

The litigation section is the largest of the Firm's groups and numbers over 90 attorneys in Alabama, Georgia and Mississippi. Within the litigation section, we have many different practice groups with expertise, including:

Litigation

• Appellate
• Business Litigation
• Civil Rights Litigation
• Class Action Litigation
• Energy Litigation
• Environmental Litigation
• Financial Services Litigation
• Health Law Litigation
• Insurance Litigation
• Labor and Employment Litigation
• Product Liability & Casualty Litigation
• Real Estate Litigation
• Securities Litigation
• State & Local Government Litigation

REPRESENTATIVE CLIENTS

• Alabama Power Company
• Blue Cross and Blue Shield of Alabama
• Compass Bank
• Deloitte & Touche
• Express Scripts, Inc.
• Exxon Mobil Corporation
• HealthSouth Corporation
• Merrill Lynch
• Nevada Power Company
• Nexity Bank
• Regions Bank
• Southern Company

RELATED PRACTICES

• Antitrust
• Construction Law
• Credit Crisis/Subprime Mortgage Crisis Group
• Creditors Rights and Bankruptcy
• Intellectual Property
• Joint Use

Representative Recent Matters

• • Obtained defense verdict in wrongful death case filed against public utility for allegedly faulty surge protector.
  • Obtained multi-million jury verdict for subrogation in a crane accident.
  • Obtained summary judgment for one of the country’s largest investor-owned utilities in New Source Review enforcement action brought by the Environmental Protection Agency, seeking more than one billion dollars in statutory fines.
  • Represented child restraint seat manufacturer in wrongful death case where 7 month-old strangled to death in federal court. Obtained summary judgment for defendants after trial judge granted our motion to exclude plaintiff’s expert under a Daubert challenge.
  • Represented individuals in constitutional litigation against Fulton County, Georgia which secured $24 Million verdict on behalf of individuals (National Law Journal Top 100 Verdicts of 2002)
  • Represented plaintiffs in accounting malpractice case, resulting in the largest verdict in the history of Cobb County, Georgia.
  • Obtained summary judgment for public utility in case where two construction workers were killed when their crane made contact with a power line.
  • Obtained defense jury verdict in shareholder derivative lawsuit; other defendants were found liable for damages.
  • Obtained defense jury verdict on claims by city and utilities board on nuisance claims relating to operation of quarry.
  • Successfully defended financial institution against securities fraud claims asserted under the Alabama Securities Act; obtained summary judgment, affirmed on appeal, creating landmark new precedent as to blue sky law claims in Alabama.

Litigation

ATTORNEYS & PROFESSIONALS