Ross M. Diamond, III

Ross M. Diamond, III: Attorney with Diamond Fuquay, LLC AV stamp icon
Attorney Awards

Biography

Mr. Diamond received his undergraduate degree from the University of Alabama in 1967, and graduated from the University of Alabama Law School with a Juris Doctor Degree in January 1969. He joined the law firm of his father and began a practice which has since concentrated in representing the victims of marine, railroad, industrial and motor vehicle accidents. He has accumulated 40 years of expertise in the Jones Act remedies for seamen and offshore oil employees, the FELA remedies for railroad employees, the remedies for longshoremen and shipyard workers under the Longshore and Harbor Workers' Compensation Act and maritime law, and the remedies of industrial employees under the Alabama Workers Compensation Act. His Bar Association and other professional organization committee chairmanships and offices held include the American Association for Justice (Formerly the Association of Trial Lawyers of America), where he has served as Chair of the Admiralty Law Section in 1985-1986 and again in 2007-2008. He is a member of the Railroad Law Section and one of the early members of the FELA Litigation Group of AAJ. He also served as State Delegate from 1992 through 1996. He has been a member of the Alabama Association for Justice since 1971, and has been a member of the Executive Committee of the Association since 1983. His other memberships include the Southeastern Admiralty Law Institute, in which he has served on the Board of Directors from 1971 to 1973 and again from 1998 to 2000. He has published articles on various admiralty topics in the Louisiana Law Review, Trial Magazine, the Alabama Trial Lawyers' Journal, the Mississippi Trial Lawyers' Voir Dire magazine and other publications. He has also been a speaker at more than thirty previous educational seminars on a variety of topics relating to admiralty law, personal injury and wrongful death. He was the author of an Amicus Curiae Brief filed in the U.S. Supreme Court on behalf of AAJ in Yamaha Motor Corp., U.S.A. v. Calhoun, 516 U.S.199, 116 S. Ct. 619 (1996), on the issue of damages recoverable for a non-employment death occurring on state waters. He was also the author of Amicus Curiae Brief filed in the U.S. Supreme Court on behalf of AAJ in Sprietsma v. Mercury Marine, 537 U.S. 511 (2002), on the issue of whether a tort claim based on the lack of a guard on an outboard motor propeller is preempted by the Federal Boat Safety Act. He is admitted to practice in all courts of the State of Alabama; the U.S. District Courts for the Southern, Middle and Northern Districts of Alabama, and the Northern District of Florida; the U.S. Courts of Appeal for the Fifth Circuit and Eleventh Circuit; and the United States Supreme Court. He also has frequently handled cases in association with local counsel in the U. S. District Courts for the Eastern District of Louisiana and Southern District of Mississippi.

Areas of Practice (5)

  • Admiralty Law
  • Personal Injury Law
  • Railroad Law
  • Products Liability Law
  • Wrongful Death

Education & Credentials

Contact Information:
251-272-1315  Phone
251-432-7702  Fax
www.diamondfuquay.com
University Attended:
University of Alabama, B.A., 1967
Law School Attended:
University of Alabama Law School, J.D., 1969
Year of First Admission:
1969
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
Memberships:
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.
Birth Information:
Mobile, Alabama, January 26, 1945
Reported Cases:
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.
ISLN:
907873004
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Mobile, Alabama

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