Select Matters
- Negotiated, edited, and revised a purchase and sales agreement for a structural steel package (valued at over $3,000,000) for use in construction of a hotel and casino by a subsidiary of a Native American Tribe in Florida. Joe researched the Tribe’s known previous projects to determine if there were red flags or indicators of litigiousness, since the Tribe did not agree to waive sovereign immunity on the project. In addition, Joe represented the following in significant matters:
- Sovereign Immunity: Represented the Alabama Department of Transportation and its Director regarding construction of a “competing” bridge.
- First Amendment & Immunity: Represented university and university employees in First Amendment case where qualified immunity was a significant issue.
- Surety litigation: Defended a surety company against claims by a municipality and lot owners under "subdivision" bonds. Represented a surety company against an owner alleging claims under a performance bond.
- Shareholder litigation: Represented minority shareholder against other shareholders alleging various business torts.
- Biomass Crop Assistance Program (BCAP) litigation: Defended pulp mills in state court actions alleging misadministration of a federal governmental program.
- Landfill litigation: Represented town and its mayor in opposing siting of mega-landfill near town.
- 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.
- Biofuels litigation: Represented in federal court an investor in a startup company that claimed to be able to make biofuels (gold) from cellulosic material (straw), and in subsequent fraudulent transfer and piercing action in federal court, and in bankruptcy court to collect 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.
- Dissolution of construction company: Represented member of construction company in dissolution of company and in related tort claims.
- 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.
- 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. - Punitive Damages Litigation: 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.
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Credentials
- 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 State Courts
- Alabama, 1986
- Alabama State Bar
- American Bar Association
- Federal Bar Association
- Montgomery County Bar Association
- The Best Lawyers in America®, Appellate Practice, Banking and Finance Law, Commercial Litigation, Insurance Law, 2004 -present
- Mid-South Super Lawyers, Business Litigation, 2008 -present
- Central Alabama Community Foundation, Former Member of Board of Directors
- The Capri Community Film Society, Inc., Former President of Board of Directors
- Montgomery Symphony Orchestra, Former Member of Board of Directors
- The Montgomery Academy, Former Member of Board of Trustees