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Joseph Leavens

  • (205) 226-8739
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  • Washington University in St. Louis, School of Law
    J.D., 2011
  • University of Virginia
    B.A., Religious Studies, 2007
Bar Admissions
  • Alabama, 2011
About Joe
  • What types of clients do you represent?

    In my joint use and pole attachment practice, I represent multiple electric utilities in a variety of matters ranging from contract negotiation and day-to-day operational issues with attaching entities to pole attachment complaint and rulemaking proceedings before the Federal Communications Commission (FCC), as well as state and federal court litigation over attachment agreements. In my products liability practice, I represent truck and heavy machinery manufacturing companies, as well as chemical manufacturers in personal injury and exposure suits. My construction practice involves representing owners and contractors in the negotiation of contracts and the litigation of disputes over payment and workmanship. My work in each of these practices allows me to also assist both insurance companies and insureds in coverage disputes evolving from these matters.

  • What type of matters do you work on most often?
  • What do you find most exciting about your work?
  • How are you involved in your community?

Select Matters

  • Broadband Initiatives: Developed strategies and agreements relating to infrastructure siting, acquisition, and leasing, including pole attachments, conduit leases, fiber optic cable leases and IRUs, and wireless facilities siting.
  • Toxic Tort Litigation: Part of a team of Balch trial attorneys who successfully defended an international limestone processor during a twelve day jury trial in Alabama state court. The plaintiff alleged multiple catastrophic injuries after working as a contractor at the client's facility. Plaintiff has incurred more than $3 Million in medical expenses to date, and the plaintiff’s experts projected that it will cost over $7 Million for future care. Plaintiff's counsel asked the jury for $25 million, but the jury returned a verdict for the defense. (May 2017)
  • Joint Use Agreement Negotiation: Representation of multiple utilities in the negotiation of numerous pole attachment agreements with telecommunications and cable companies. (2014-2016)
  • False Claims Act Lawsuit: Obtained a dismissal with prejudice of the plaintiff’s False Claims Act complaint alleging that Lincare submitted fraudulent claims for payment to Medicare and Medicaid. The Eleventh Circuit affirmed in a per curiam decision. (2015, Britton v. Lincare, 2015 U.S. Dist. LEXIS 39876 (N.D. Ala. Mar. 30, 2015) aff’d 2015 U.S. App. LEXIS 21373. (11th Cir. 2015))
  • Products Liability and Casualty Defense: Representing Alabama Power Company, Joe obtained summary judgment in favor of Alabama Power in a wrongful death case where an estate of a minor alleged that Alabama Power negligently and wantonly supplied electricity to a home and lake community. (2015, Parker v. Alabama Power. (Circuit Court, Walker County Alabama))
  • Joint Use Litigation: Representation of electric utility in lawsuit over pole rental attachment fees in Florida state court. (2014, Tampa Electric v. Verizon)
  • Joint Use Litigation and Regulatory Proceeding: Representation of electric utility in litigation and pole attachment complaint proceeding over pole attachment rental fees. (2015, Duke Energy v. Frontier)
  • Joint Use Litigation: Representation of electric utility in Federal District Court for the Southern District of Indiana over cost of make-ready work associated with telecommunications provider's attachments. (2015, Duke Energy v. Comcast)
  • Joint Use Pole Attachment Complaint Proceeding: Representation of electric utility in pole attachment complaint proceeding concerning make-ready work and NESC compliance of Cox Communications' attachments to NV Energy poles. (2015, Cox Communications v. NV Energy)
  • Construction Litigation: Representation of General Contractor in state court lawsuit over alleged wrongful termination of subcontractor and claims of nonpayment. (2013, Builders Construction Services v. Cottage Builders)

Case Studies



        Speaking Engagements


          • Washington University in St. Louis, School of Law, J.D., 2011
          • University of Virginia, B.A., Religious Studies, 2007
          Bar Admissions
          • Alabama, 2011
          Professional Affiliations
          • Defense Research Institute, Young Lawyers Steering Committee
          • Alabama Defense Lawyers Association
          • Birmingham Inns of Court
          • Birmingham Young Lawyers Association
          Awards & Accolades
          • The Best Lawyers in America®, Ones to Watch
          • Benchmark Litigation, 40 & Under Hot List 
          • Birmingham Business Journal, Rising Star Lawyer 2018 
          • Birmingham Magazine, Top Attorney, 2020
          Community Involvement
          • Camp Smile-A-Mile, Junior Board Secretary, 2014, Board Member, 2013-2015
          • Mountain Brook Athletics Association, Volunteer Football Coach, 2012-2014