Current Cases of Interest

Regions Financial Corporation Shareholder Derivative Litigation Louisiana Municipal Police Employees' Retirement System, et al v. Dowd Ritter, et al, (Jefferson County Circuit Court, CV 09-901494):

Our firm is co-lead counsel for the shareholders in a claim against current and former directors and officers of Regions Financial Corporation for fraudulent statements concerning the company's finances, breach of fiduciary duties, excessive executive compensation and gross mismanagement of company.

Automobile Dealer Litigation Against Suzuki Motors -- D2K v. American Suzuki Motors (US District Court, Northern District of Alabama, CV-09-S-2436-NE ): Plaintiff, a former Suzuki automobile dealer, has filed an action against its manufacturer based upon an unlawful scheme which required its dealers to falsely report automobile sales, as well as an arbitrary and unlawful vehicle allocation system

The firm is currently litigating defective construction claims on behalf of homeowners, which involves the installation of defective Chinese drywall.

The firm is litigating a insurance coverage dispute on behalf of a homeowner against her insurer for its bad faith failure to properly investigate and pay the insured's claim under her homeowner's policy.

The firm has instituted a shareholder derivative action on behalf of a minority shareholder, alleging claims for oppression and squeeze out by the majority directors/shareholders of the corporation.

The firm is litigating a claim against a bank by a former customer regarding the release of confidential financial records, and against the executives of the bank for usurping business opportunities of the customer.

Newsletters

Proximate Cause

In order to win a personal injury action, a plaintiff must prove that a defendant's negligence caused the plaintiff's injuries. In negligence law, there are two types of causation: (1) "cause in fact"; and (2) "proximate cause." The plaintiff must prove both types of causation.

The Jones Act -- Unseaworthiness Claims

The owner of a vessel has an absolute duty to provide a seaworthy vessel for his crew. Therefore, an injured seaman may sue the owner of the vessel on which the seaman was working if the vessel was unseaworthy at the time of the accident. A vessel is unseaworthy if it, its equipment, or its crew are not reasonably fit for their intended purpose.

Trespass

Trespass is a physical invasion of a property owner's land. A person may be liable to the owner if he causes a trespass, even if he did not know that it was the owner's land.

Defense of Others

In an action against a defendant for an intentional tort, such as battery, the defendant may defend the action by claiming that he or she acted in self-defense. Similarly, under some circumstances, a defendant may claim defense of others as a defense. Defense of others is a proper defense when the person the defendant was trying to defend would have been justified in using force to defend himself or herself.

Common Law Tort Action Against Person Having Sexual Relations with Female Child

Under the common law, a person who has sexual relations with a female child is liable to the child's parent for damages. The tort action is based on the parent's lack of consent. Damages are based on the parent's loss of services or the medical expenses that the parent incurred on behalf of the child as a result of the sexual relations. Although these types of cases are quite rare and some states have abolished actions for these types of cases, there are still some states in which the cause of action may be maintained.