Litigation

Capell & Howard attorneys have the knowledge, experience and expertise to represent its clients' interests in an aggressive, effective and efficient manner whether in court, administrative proceedings, or in the context of the alternative dispute resolution process. The goal of the Firm's Litigation Section is to achieve the best result possible for the client by delivering first class, cost efficient litigation service in every case that it undertakes.

Civil Litigation

Strategic Location and Expertise

The Firm regularly represents clients throughout Alabama in both state and federal court. With its primary office located in Montgomery, the state's capital city, and with an office in the Opelika/Auburn area, the Firm is strategically positioned to handle cases in the most litigious venues in the state, including Barbour, Bullock, Chambers, Choctaw, Dallas, Greene, Hale, Jefferson, Lee, Lowndes, Macon, Mobile, Russell, and Wilcox Counties. The Firm's attorneys have considerable class action experience in cases involving employment, insurance, antitrust and consumer lending issues. Its appellate lawyers have argued appeals before the United States Supreme Court, the Supreme Court of Alabama, other state courts of appeal, the United States Courts of Appeal for the Fifth and Eleventh Circuits, and the Federal Circuit Court of Appeals. Indeed, the Firm is often retained post-verdict to serve as appellate counsel in appeals to the Supreme Court of Alabama, due to the Firm's expertise and location in Montgomery. Members of the Firm's Litigation Section include a former federal judge and a former assistant attorney general. In addition, members of the Litigation Section often lecture at continuing legal education programs and other seminars on a wide variety of topics.

Service and Client Relationships

The lawyers at the Firm work closely with clients to develop sound litigation strategies designed specifically for each client and the particular needs of each case. The Firm emphasizes client relationships and is careful to staff cases in a prudent and efficient manner. The importance of effective client communications, and an adherence to client guidelines and objectives, are well recognized.

Experience and Diversity of Representation

The Litigation Section regularly represents clients in commercial and business litigation, insurance defense, class actions, products liability, trucking litigation, professional liability, personal injury and wrongful death, asbestos, toxic torts, employment, environmental, intellectual property, construction, antitrust, securities, ERISA, healthcare, unfair business practices, lending practices, estate litigation, tax litigation, appellate practice and constitutional issues. The Firm serves as Alabama counsel for a number of Fortune 500 companies and regularly defends wrongful death and personal injury cases throughout the state. Firm members have also defended numerous insurance fraud and bad faith actions throughout Alabama and were lead counsel during the arbitration of a $42 million claim for damages to Gulf State Park caused by Hurricane Katrina. The Firm also has considerable experience and expertise in education law and have represented numerous school boards, colleges and educators on numerous issues in court, as well as in administrative proceedings.

The Firm has considerable experience in analyzing unusual and complex cases, including state and national class actions and multiple action litigation, and developing creative responses to such cases. For example, the Firm devised and secured approval of an innovative strategy leading to the consolidation of over one hundred and seventy cases filed against an insurance client in fifteen separate counties before a special judge appointed for the sole purpose of handling discovery and pretrial matters in those cases. The Firm represents several pharmaceutical companies in litigation filed by the State alleging fraud on behalf of the Alabama Medicaid Agency. The Firm regularly represents numerous state agencies, municipalities and other governmental and/or public entities in licensing, permitting, employment, construction procurement and constitutional issues.

For more information concerning related practice areas, see Construction & Procurement, Employment & Labor Relations, and Administrative Law & Government Affairs.

Principal Contacts:
Robert F. Northcutt   email   (334) 241-8083
James N. Walter, Jr.   email   (334) 241-8046

Alternative Dispute Resolution

In addition to representing clients on business and litigation matters, the Firm counsels clients as to whether mediation, arbitration, or other methods of dispute resolution are advisable. Several members of the Firm have considerable experience in the alternative dispute resolution (ADR) field, serving as arbitrators, mediators or as legal representatives of parties participating in ADR processes.

Frank McFadden, a former United States District Court Judge, Northern District of Alabama (1969-82), is a member of the National and Construction Panels of Distinguished Neutrals of the CPR Institute for Dispute Resolution and American Arbitration Association National Advisory Council for Complex Cases.

Bill Coleman has served on the Alabama Supreme Court Commission on Dispute Resolution since it was formed in 1994 and has served two years as its Chair. He has served as President of the Alabama Center for Dispute Resolution, Inc. since it was formed in 1994. Bill previously served as the first Chair of the Alabama State Bar Committee on Alternative Methods of Dispute Resolution. Bill also is a panel member of the American Arbitration Association Panel of Distinguished Neutrals and of the CPR Institute for Dispute Resolution, including its National Construction Panel.

Members of the Firm have participated in seminar presentations and presented papers on the subject of ADR, particularly mediation and arbitration, at programs sponsored by several organizations, including the Alabama Judicial College, the American Arbitration Association, the University of Alabama School of Law, the Cumberland School of Law, Jones School of Law, and the Alabama State Bar.

Principal Contact:
William D. Coleman   email   (334) 241-8056

Appellate Practice

The Firm's Appellate Practice Section provides knowledgeable counseling and representation in the increasingly specialized area of appellate practice. The Appellate Practice Section has extensive experience representing clients before all state and federal appellate courts serving Alabama. The Firm's standing in the courts and among the members of the appellate bar enables it to pursue the goals of its and its associated counsel's clients with focus and integrity.

Members of the Appellate Practice Section provides representation and advice on a variety of appellate matters, including:

  • general commercial litigation
  • constitutional law
  • state tort and contract issues
  • construction and procurement disputes
  • real property matters
  • complex insurance coverage
  • labor and employment
  • civil rights
  • administrative or agency matters
  • regulatory matters
  • domestic relations
  • criminal appeals
  • white-collar criminal defense

Section members also assist trial counsel in the preparation of dispositive motion briefs and extraordinary writs.

Notable Recent Decisions

  • Ex parte Novartis Pharm. Corp., 2007 ALSC 1060224 - 060107 (Ala. June 1, 2007) (Mandamus -- Reversing trial court's denial of motion to sever multiple fraud actions against multiple defendants arising out of similar transactions, but not the same transaction).
  •  Ex parte Smith Wrecker Service, Inc., 2007 ALSC 1061696 (Ala., Dec. 21, 2007) (Mandamus/Venue -- granting of mandamus petition to change venue in negligence and fraud case based on the location of the events giving rise to the lawsuit). 
  • Zedot Constr., Inc. v. Red Sullivan's Conditioned Air Services, Inc., 947 So.2d 396 (Ala. 2006) (Commercial/Construction-Alabama reversing trial court decision and holding that arbitration clause in a subcontract was enforceable and arbitration rights had not been waived merely by the general contractor filing a motion to dismiss prior to moving to compel arbitration).
  • United States v. Flowers, Civil Action No. 2:68CV2709 (M.D. Ala. June 30, 2006) (Employment Class Action - Successful termination of race-conscious provision of 30-year injunction regarding state hiring and promotion procedures).
  • Johnny Reynolds v. Alabama Dept. of Transportation, CV 85-T-665-N (M.D. Ala. Nov. 2005) (Employment Class Action/contempt - Ordering refund of $4 million in civil contempt fines to the State of Alabama based on impossibility of compliance).
  • Conference America, Inc. v. Telecommunications Cooperative Network, 885 So.2d 772 (Ala. 2003) (Commercial -- reversal of $1 million jury verdict based on juror misconduct).
  • Kershaw v. Kershaw, 848 So.2d 942 (Ala. 2002) (Estate-Supreme Court reversed the trial court's decision and held that in terrorem clause-or "no-contest" clause- in a will could not be enforced against plaintiff).
  • Abbott Laboratories v. Durrett, 746 So.2d 316 (Ala. 1999) (State Antitrust - Holding that State Antitrust Statute, Ala. Code 6-5-60, applies solely to intrastate activities and provides no claim for activities involving interstate commerce).

Principal Contact:
Christopher W. Weller   email   (334) 241-8066

Criminal Defense

The Firm provides experienced representation in the area of white collar criminal defense, SEC investigations, and healthcare fraud. The Firm's lawyers defend persons and businesses accused of civil and criminal violations in both the federal and state systems. The Firm also provides comprehensive representation in responding to Government investigations and parallel proceedings.

The Firm provides assistance to its clients involved in federal and state investigations, including such areas as Medicare and Medicaid fraud, qui tam actions, antitrust claims, price fixing and market allocation, environmental crimes, Government procurement fraud, employee fraud and theft, and other areas where potential criminal liability may result.

Firm attorneys are listed in the 1992-2008 Editions of The Best Lawyers in America in the area of criminal defense. Attorneys practicing in this area are experienced in trying white collar criminal and healthcare fraud cases and in handling all phases of federal and state investigations.

Parallel Proceedings

White collar criminal matters are frequently accompanied by parallel civil or administrative proceedings, such as shareholder suits, governmental and private civil actions, congressional investigations, and suspension and debarment proceedings. In such matters, action taken in one proceeding can have a profound ramification in another. The Firm can provide unified services in all of these related proceedings.

Internal Investigation and Compliance

The Firm also assists with internal corporate investigations in conjunction with corporate legal staffs in identifying and monitoring areas of potential civil and criminal exposure. A prompt and thorough investigation is often critical in defending allegations of criminal and regulatory misconduct. Conducting such an investigation before government intervention, or before the completion of government investigations, can have a significant influence on the Government's approach to a case. Often, it results in a decision not to bring charges or in a disposition that is acceptable to the client. The Firm has developed or assisted in-house counsel in developing corporate compliance programs in a variety of industries.

Principal Contact:
George L. Beck, Jr.   email   (334) 241-8002

Domestic Relations

The Firm provides experienced representation in domestic relations and juvenile matters at the trial and appellate levels including divorce, custody and child support, modifications and contempt actions. The Firm's domestic relations attorneys understand and appreciate the impact of a complex and substantial marital estate as well as domestic issues relating to members of the military.

Principal Contact:
Terrie S. Biggs   email   (334) 241-8091