Representative Experience

• Lett v. Mobile Housing Board - This action for alleged lead poisoning and claimed brain injuries to four minor plaintiffs was filed in the Circuit Court of Mobile County, Alabama. Mr. Shirley and Teresa G. Minor represented the Mobile Housing Board. After an 8 hour motion in limine hearing on the first day trial wherein Mr. Shirley successfully argued to, among other things, exclude the plaintiffs' claimed losses of future earning capacity projected to exceed mid to high seven figures, the case settled on favorable terms for the Mobile Housing Board.

  Adams v. Alabama Power Company - This wrongful death action against Alabama Power was filed in Escambia County, Alabama by the Beasley, Allen firm. Mr. Shirley and S. Allen Baker, Jr. represented Alabama Power in this case. After the completion of discovery and after being ordered to mediate the case less than a month before trial, the claims against Alabama Power in the lawsuit were settled for $100,000.

  George v. Alabama Power Company - This personal injury lawsuit for significant burn injuries was originally tried for three weeks in the Circuit Court of Jefferson County, Alabama by fellow partners S. Allen Baker, Jr. and Teresa G. Minor in 2006. After the jury could not reach a verdict, the case was eventually re-set for trial in September, 2007 and Mr. Shirley was added to the trial team. Before the trial, the Balch team successfully excluded the plaintiff's two new engineering experts under the Frye standard and obtained a summary judgment based on the plaintiff's failure to establish breach of any standard of care or causation.

  Cofield v. Norbord Alabama - This property damage lawsuit was filed in Chambers County, Alabama alleging the release of various chemical and pollutants by Norbord Alabama into an adjacent landowners pond and onto his surrounding property. After extensive discovery and testing revealed no pollutants or chemicals in the pond or on the surrounding property, the case was resolved.

  Patterson v. Housing Authority of the Birmingham District - This lead exposure case involving two minor plaintiffs was handled by Mr. Shirley S. Allen Baker, Jr. and Teresa G. Minor. Following three years of discovery, Mr. Shirley was the architect behind the defendant's Frye challenge to the plaintiffs’ medical causation and damage experts, a school counselor, a neuropsychologist, a pediatric neurologist, and a vocational rehabilitation specialist and both briefed and argued the motions to the trial court. In 2006, the Circuit Court of Jefferson County, Alabama granted the defendants’ Frye motion and then, granted the defendants’ motion for summary judgment on all claims. The case was not appealed.

  Posey v. Alabama Power Company- The plaintiffs filed suit against Alabama Power Company alleging damage to personal property from an alleged power surge. Mr. Shirley tried the case before the district court and obtained a defense verdict.

  Thomas v. Evenflo, Inc. and Toys 'R' Us - This lawsuit was filed against Evenflo Company, Inc. and Toys ‘R’ Us for the alleged wrongful death of a five-month old infant who strangled while left unattended in his child restraint system which was in use outside the vehicle. Mr. Shirley, S. Allen Baker, Jr. and Teresa G. Minor successfully removed the matter to the United States District Court for the Northern District of Alabama. Following discovery, a Daubert challenge was made to the plaintiff’s expert. Mr. Shirley both briefed and argued the matter befor the district court, which granted the motion and and granted summary judgment to the defendants. M. Minor argued the appeal to the Eleventh Circuit Court of Appeals in 2006, and the decision was affirmed 205 Fed. Appx. 768, 2006 WL 3248031 (11th Cir. Nov. 9, 2006).

  Bester v. Housing Authority of the Birmingham District - This action for alleged lead poisoning and claimed brain injuries to two minor plaintiffs was filed in the Circuit Court of Jefferson County, Alabama. Mr. Shirley along with S. Allen Baker, Jr. and Teresa G. Minor represented HABD. After nearly fours years of discovery and 40 plus depositions, the case settled for $10,000 on the Friday afternoon before the scheduled three week trial began the following Monday. The Court specifically ordered that the plaintiff's counsel could not tax any part of their litigation costs to the settlement and could not recover any attorney's fee.

  Nasser v. Compass Brokerage - This NASD arbitration was filed by the claimant alleging the failure to execute a secutiries sell order. Mr. Michael L. Edwards and Mr. Shirely tried this 3 day arbitration in Dallas, Texas that was settled at the end of the aribtration.

  Reeves v. Osmose - This property damage action in the Circuit Court of Jefferson County, Alabama was tried by Mr. Shirley and Teresa G. Minor in 2001. After a week long trial, the jury returned a verdict for the defendants.

PROFESSIONAL ACTIVITIES

• • Alabama Defense Lawyers Association
  • Alabama State Bar
  • American Bar Association
  • Defense Research Institute (DRI); 2007-2008 Young Lawyer's Steering Committee; 2007-2008 Co-Chair DRI Legislative Subcomittee
  • Birmingham Bar Association,  2008 Civil Courts Committee
    
    
    

NEWS

RECENT PUBLICATIONS

Speaking Engagements