- Surety litigation: Defended a surety company against claims by a municipality under "subdivision" bonds. Litigation in federal court is ongoing.
- Biomass Crop Assistance Program (BCAP) litigation: Defended pulp mills in state court action alleging misadministration of a federal governmental program. Adverse jury verdict is on appeal to the Alabama Supreme Court.
- Landfill litigation: Represented town and its mayor in opposing siting of mega-landfill near town. Landfill was defeated.
- Banking litigation: Defended bank in federal court against claims of the Alabama Department of Revenue that bank as successor to failed bank assumed failed bank's state tax liability. Motion to dismiss granted.
- Biofuels litigation: Represented an investor in a startup company that claimed to be able to make biofuels from cellulosic material in federal court, in subsequent fraudulent transfer and piercing action in federal court, and in bankruptcy court to collect judgments. Substantial recovery of $10 million judgments.
- Regulatory litigation: Represented state regulatory agency in state court action in which regulated entities sought to overturn regulation issued by agency as beyond its authority. Summary judgment granted and sustained on appeal.
- Dissolution of construction company: Represented member of construction company in dissolution of company and in related tort claims. Case settled.
- Condominium litigation: Represented 27 former condominium owners in state court action against developer and mortgagee of land on which new condominiums were to be built. Case settled.
- Environmental litigation: Represented real estate developer against claims of a class of homeowners that subdivision was developed on land that had contaminated groundwater, and against state agency that polluted the groundwater. Cases settled.
- Represented in separate cases a computer software company, a snack food company, and a natural gas producer in contesting in post-trial proceedings and on appeal punitive damages awarded against them.
The following are representative reported decisions in cases for which Joe had primary or significant responsibility:
- Alabama Dep’t of Revenue v. FDIC, 840 F. Supp. 2d 1305 (M.D. Ala. 2012) (claims of Alabama Department of Revenue based on successor liability dismissed.)
- 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).
- Exxon Mobil Corporation f/k/a Exxon Corporation v. Alabama Department of Conservation and Natural Resources, 986 So. 2d 1093 (Ala. 2007).
- Tom’s Foods, Inc. v. Carn, 896 So. 2d 443 (Ala. 2004) (reversing and rendering jury verdict for the plaintiff).
- 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)
Joe has spoken on ediscovery, punitive damages in Alabama, and the role of accountants in litigation, to name a few.
- The University of Alabama School of Law, J.D., 1986
- Vanderbilt University, B.A., 1982
- U.S. Court of Appeals, Eleventh Circuit
- U.S. District Court, Northern District of Alabama
- U.S. District Court, Middle District of Alabama
- U.S. District Court, Southern District of Alabama
- Alabama, 1986
- Alabama State Bar
- American Bar Association
- Federal Bar Association
- Montgomery Bar Association
- American Inns of Court, Hugh Maddox Chapter
- The Best Lawyers in America, Commercial Litigation, 2004 -present
- Mid-South Super Lawyers, Business Litigation, 2008 -present
- Central Alabama Community Foundation, Board of Directors
- Montgomery Symphony Orchestra, Board of Directors
- The Capri Community Film Society, Inc., Former Member of Board of Directors, Past President
- The Montgomery Academy, Former Member of Board of Trustees