University of Alabama, B.A., 1967
Law School Attended:
University of Alabama Law School, J.D., 1969
Year of First Admission:
U.S. District Court, Northern District of Alabama; U.S. Court of Appeals, Eleventh Circuit; U.S. District Court, Southern District of Alabama; U.S. District Court, Northern District of Florida; U.S. District Court, Middle District of Alabama; U.S. Court of Appeals, Fifth Circuit; 1969, Alabama; U.S. Supreme Court
Alabama State Bar; American Association for Justice (Formerly the Association of Trial Lawyers of America; Chair, Admiralty Law Section, 1985-1986 and 2007-2008); Alabama Association for Justice (Executive Committee, 1983—; Member: Board of Directors, 1971-1973 and 1998-2000; Railroad Law Section; FELA Litigation Group of AAJ); Southeast Admiralty Law Association; Maritime Law Association of the United State.
Mobile, Alabama, January 26, 1945
Associated Indemnity Corp. v. Shea, 455 F.2d 913 (5th Cir.1972) Award of death benefits under the Longshore and Harbor Workers' Compensation Act to the widow of longshoreman who died of a heart attack in the course of employment was affirmed on appeal; Carey v. Lykes Bros. S.S. Co., 455 F.2d 1192 (5th Cir.1972) The Fifth Circuit affirmed a jury verdict in favor of a longshoreman caused by carbon monoxide emitted by a forklift machine operating inside a cargo ship (The first appellate argument for Ross Diamond III); Bender Welding & Machine Co., Inc. v. M/V Sovereign Opal, 415 F.Supp. 772 (S.D. Ala.1976) Seamen's wage claims were enforced as a maritime lien against the vessel; Hall v. Aetna Casualty and Surety Co., 617 F.2d 1108 (5th Cir.1980) Judgment in favor of injured longshoreman against insurer of Alabama State Docks affirmed by the Fifth Circuit; Johnson v. Bryant, 671 F.2d 1276 (11th Cir.1982) Eleventh Circuit held that the jury instruction on unseaworthiness was incorrect, reversing a verdict in favor of the vessel owner; Chung, Yong Il v. Overseas Nav. Co. Ltd., 774 F.2d 1043 (11th Cir.1985) Eleventh Circuit opinion affirming penalty wages awarded Korean seamen, where the bank that owned the vessel refused to pay earned wages. The court also held that the penalties under the Federal Wage Penalty act ran until the earned wages of the seamen were actually paid, resulting in a penalty award exceeding $1,500,000.00; Martinez v. Puerto Rico Marine Management, Inc., 755 F.Supp. 1001 (S.D. Ala.1990) District Court opinion awarding damages under the Death on the High Seas Act to the families of two fishing vessel crewmen killed in a negligent rescue attempt; Morewitz v. West of England Ship Owners Mut. Protection and Indemnity, Ass'n (Luxembourg), 896 F.2d 495 (11th Cir.1990) (First Appeal) Eleventh Circuit reversed district court ruling that contract of marine insurance was not a maritime contract for the purpose of Admiralty Jurisdiction; Morewitz v. West of England Ship Owners Mut. Protection and Indemnity, Ass'n (Luxembourg), 62 F.3d 1356 (11th Cir.1995) (Second Appeal) Eleventh Circuit held that the Alabama post-judgment statute governed this suit on a judgment, and that insurance company was not entitled to arbitration in claim by families of deceased seamen; Taylor v. General Motors Corp., 707 So.2d 198 (Ala. 1997) The Alabama Supreme Court affirmed a jury verdict in favor of the defendant in a products liability case; Anderson v. McAllister Towing and Transp. Co., Inc., F.Supp.2d 1280, S.D. Ala., August 21, 1998 Opinion awarding earned wages to vessel captain under his contract of employment, affirmed without opinion by the Eleventh Circuit; Anderson v. McAllister Towing and Transp. Co., Inc., 94 F.Supp.2d 1273 (S.D. Ala.2000) Opinion awarding interest in seaman's wage award in the first opinion; Tillman v. R.J. Reynolds Tobacco Co., 871 So.2d 28 (Ala. 2003) The first cigarette cancer death case to be argued before the Alabama Supreme Court. On questions certified by the Eleventh Circuit, the court ruled that claims against resident cigarette retailers based on negligence and wantonness were available under Alabama law; Tillman v. R.J. Reynolds Tobacco Co., 340 F.3d 1277 (11th Cir. 2003) Eleventh Circuit opinion holding that those parties were not fraudulently joined and there was no federal jurisdiction based on diversity of citizenship. Ex parte Holton, 886 So.2d 83 (Ala. 2003) Alabama Supreme Court opinion reversing the Alabama Court of Civil Appeals and re-instating trial court judgment awarding total permanent disability benefits under the Alabama Workers' Compensation Act for quadriplegic injury to employee.
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