The majority of Joshua's practice is devoted to commercial litigation, defending financial institutions ranging from banks, credit card and mortgage companies to insurance companies in state and federal courts throughout the Southeast. Though Joshua represents clients in state and federal courts throughout the country, his practice concentrates on litigation in Alabama, Florida, Georgia and Mississippi.
With almost a decade of practice, Joshua has frequently defended claims involving the Fair Credit Reporting Act, Fair Debt Collection Practices Act, the FTC Holder Rule, and alleged violations of state and federal law involving mortgage and automobile lending institutions and servicers. Joshua's practice frequently involves removing cases to federal court and defending complex claims involving a multitude of issues. Joshua has also defended several high profile defamation actions and is the editor of the TCPA ADDENDUM, a complimentary monthly publication summarizing state and federal court decisions dealing with the Telephone Consumer Collection Practices Act, 47 U.S.C. § 227 (TCPA). Joshua was also recognized as a "Rising Star" by Alabama Super Lawyers in 2011.
While in law school, Joshua was a semi-finalist in the Campbell Moot Court Competition, and selected as a member of the Jessup International Law Moot Court Competition Team. He was also selected as a member of the University of Alabama Trial Advocacy Competition Team, and served as a junior editor for the Journal of Legal Professions. Joshua was also elected as the prosecutor for the University of Alabama School of Law Honor Court.
Recent Highlights
· Named as an "Alabama Rising Star" by Alabama Super Lawyers Magazine, which names no more than 2.5 percent of lawyers in the state who are under 40 and have been practicing for 10 years or less.
· Obtained summary dismissal of identity theft claims brought against credit card company, dismissal of permissible purpose FCRA claim against auto lender and dismissal of appeal to U.S. Court of Appeals for the Eleventh Circuit for lack of subject matter jurisdiction.
· Successfully removed cases to federal court throughout the Southeast including Alabama, Mississippi, Georgia, Florida and South Carolina. Involved in resolution of multi-party plaintiff and defendant lawsuit removed to federal bankruptcy court.
· Obtained judgment on Plaintiff's claims, and consent judgment on counterclaim at trial; dismissal on the pleadings of Outrage claim in workers' compensation context; removed multiple cases to federal court throughout the Southeast invoking diversity and federal question jurisdiction, and successfully compelled arbitration in multiple consumer finance actions.
· Obtained summary judgment on behalf of defendant corporation for injuries sustained by individual when the business was robbed.
· Obtained summary judgment for individual defendant in multi-million dollar defamation action.
· Obtained $800,000 jury verdict.
Reported Cases
Illoydiana v. Capital One Bank (USA), N.A., No. 4:11-cv-637-DPM, 2012 WL 503731 (E.D. Ark. Feb. 15, 2012)
Humphrey v. U.S. Bank, N.A., No. 11-CV-272-GKF-PJC, 2012 WL 28075 (N.D. Okla. January 5, 2012)
Shepherd-Salgado v. Tyndall Fed. Credit Union, No. Civ.A. 11-0427-WS-B, 2011 Wl 5401993 (S.D. Ala. Nov. 7, 2011)
Borneisen v. Capital One Financial Corp., No. 8:09-CV-02539-T-17, 2011 WL 2730972 (M.D. Fla. July 13, 2011)
Wells v. Craig & Landreth Cars, Inc., No. Civ. 3:10-cv-00376-CRS, 2010 WL 4810623 (W.D. Ky. Nov. 19, 2010)
Franklin v. Garden State Life Ins., No. CIVA2:09CV109-MHT, 2009 WL 1688085 (M.D. Ala. M.D.Ala., June 16, 2009)
Hawkins v. Wells Fargo Bank, N.A., Slip Copy, 2008 WL 607155, S.D.Miss., 2008.
Hawkins v. Wells Fargo Bank, N.A., Slip Copy, 2008 WL 216529, S.D.Miss., 2008.
Ronald W. Cottrell and Ivy Williams v. National Collegiate Athletic Association, et al, Nos. Civ. 1041858, 1050436, and 1050437, So. 2d. (June 1, 2007) 2007 WL 1696564 (Ala. 2007).
Thomas W. Gloor v. BancorpSouth Bank, 925 So. 2d 984, 2005 WL 2592159, 58 UCC Rep.Serv.2d 19, Ala.Civ.App., October 14, 2005.
Greenbriar Village, L.L.C. v. Mountain Brook, City, 345 F.3d 1258, 2003 WL 22145871, 16 Fla. L. Weekly Fed. C 1164, , C.A.11 (Ala.), September 18, 2003.
Annette T. Brooks v. J.C. Penney Life Insurance Co., 231 F.Supp.2d 1136, 2002 WL 31554101, N.D.Ala., July 30, 2002.
Speeches And Publications
University of Alabama School of Law CLE, Trial Skills Seminar - Effective Cross-Examination, Birmingham, AL (December 16, 2011)
American Conference Institute's 12th Annual National Conference on Consumer Finance Class Actions & Litigation, The Electronic Funds Transfer Act, Defending ATM Sticker Litigation, Orlando, FL (October 28, 2011)
Defense Research Institute For The Defense Magazine, A Multi-Million Dollar Cottage Industry Likely Coming To A Court Near You The Telephone Consumer Protection Act (September, 2011)
American Conference Institute's 11th Annual National Conference on Consumer Finance Class Actions & Litigation, Identifying and Avoiding Trouble Spots In TCPA Claims, Chicago, IL (July 28, 2011)
University of Alabama School of Law CLE, The Essentials - I'm At The Courthouse What Do I Do?, Birmingham, AL (April 8, 2011)
University of Alabama School of Law CLE, Trial Skils Seminar, Presider, Birmingham, AL (December 17, 2010)
Alabama Defense Lawyers Association Journal, October 2010 Edition, Vol. 26 No. 2, The Eleventh Circuit Giveth, Taketh Away and Giveth Again.
American Conference Institute's 9th Annual Conference on Consumer Finance Class Actions & Litigation, Emerging Issues Defending Debt Collection Actions, New York, NY(January 28, 2010).
A Practitioner's Guide To Recovery of Mental Anguish/Emotional Distress Damages In Alabama, John P. Scott, Jr. and Joshua H. Threadcraft, Cumberland Law Review, Vol. 38, No. 3, Pages 507-566 (2007-2008).
Building Your Civil Trial Skills, Montgomery, Alabama (November 11, 2008); Mobile, Alabama (November 12, 2008).
NBI, Advanced Collection Strategies - Defending Counterclaims in Collection Actions, Birmingham, Alabama (June, 23, 2008).
"The Class Action Settlement: When the Good Can Become the Bad and the Ugly", 25 Journal of the Legal Profession 227, 229 (2001).
Joshua in the community
Joshua serves as a member of the 2009 and 2010 Birmingham Bar Association Civil Courts Procedure Committee. He is a member of the Foundry Junior Board, and also a member of the servant team for his Sunday school class.
Memberships & Bar Associations
Alabama State Bar
Mississippi Bar Association
Georgia State Bar
Publications and Articles
TCPA ADDENDUM - January 2011
TCPA ADDENDUM - February 2011
TCPA ADDENDUM - March 2011
TCPA ADDENDUM - April 2011
TCPA ADDENDUM - May 2011
TCPA ADDENDUM - June 2011