SEAN W. SHIRLEY is originally from Lanett, Alabama and is a Partner in the firm's Birmingham office. As a member of the firm's Litigation section, Mr. Shirley's practice concentrates on casualty litigation, including toxic and environmental torts, product liability, personal injury and wrongful death. Mr. Shirley has represented a wide-range of clients, including Fortune 500 chemical companies, a child restraint system manufacturer, public utility companies, public housing authorities, and a manufacturer of industrial and residential wood products.

In the last several years, Mr. Shirley has defended an environmental pollution case involving claims that the manufacturer discharged chemicals, solvents, and ash onto an adjoining property; a mass tort action involving alleged work-place exposure to airborne chemicals; several lead-based paint poisoning cases; and the defense of complex product liability actions including several child restraint system cases, a blow-molding machine, a storage valve for a timber machine, insulated refrigeration panels for a cold storage plant, and component parts for an integrated manufacturing system among others.

Mr. Shirley has developed extensive knowledge of federal statues and rules and regulations governing lead-based paint including, but not limited to, the Lead-Based Paint Poisoning Prevention Act and the Residential Lead-Based Paint Hazard Reduction Act, the alleged affects of exposure to lead, and defending brain injury cases. Mr. Shirley has also developed extensive knowledge of the means and methods to successfully challenge expert liability, causation, and damage experts and has prevailed in challenging experts in the fields of engineering, warnings, biomechanics, counseling neuropsychology, and pediatric medicine in state and federal court under both the Frye and Daubert standards.

Representative Experience

• Phillips v. Housing Authority of the Birmingham District, et al.- In this case originally filed in the United States District Court for the Northern District of Alabama, Southern Division, the plaintiff alleged that her four minor children were exposed to toxic levels of a lead as a result of the four defendants' actions and inactions. After five years of discovery, the case dismissed without prejudice and refiled in the Circuit Court of Jefferson County, Alabama. Sean Shirley and Teresa Minor filed a motion to dismiss on the basis that all of the claims against the firm's client, the Jefferson County Housing ("JCHA") Authority, were preempted by the regulatory framework of the HUD Regulations. The trial court agreed and dismissed all of the claims against JCHA. Prior to the dismissal, the plaintiff had made a mid-six figure settlement demand. After the Alabama Supreme Court ordered mediation while the case was on appeal, the case was settled favorably for JCHA.

  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 eight-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.

  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 landowner's 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 before the district court, which granted the motion and granted summary judgment to the defendants. Ms. 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 securities sell order. Mr. Michael L. Edwards and Mr. Shirley tried this three-day arbitration in Dallas, Texas that was settled at the end of the arbitration.

  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 & 2008-2009 Young Lawyer's Steering Committee; 2007-2008 Co-Chair DRI Legislative Subcommittee
  • Birmingham Bar Association,  2008 Civil Courts Committee
  • Council on Litigation Management
  • Named a "Rising Star" by Birmingham Magazine, 2009
  • Marketing Chair, DRI Child Product Substantive Law Group
    
    
     
    

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