Hall & Tanner, P.C. Attorneys at Law

The firm’s client, a realtor, was sued in a groundless case by a condominium speculator arising out of a bad business decision the plaintiff made in contracting to buy a Gulf Coast condo with the plan to flip it for a profit. The client tendered the defense of the lawsuit to his E&O insurer, who wrongfully denied him the defense and coverage benefits owed under his liability insurance. Rick Hall undertook the defense of the underlying lawsuit and also sued the E&O insurer for bad faith. The Insurer settled the bad faith claim by agreeing to pay all costs to defend the underlying lawsuit and also paying the client $175,000 in settlement proceeds.

Douglas Hargett, together with co-counsel at a large Alabama law firm, represented two multi-million dollar companies who were minority shareholders in a privately-held, multi-million dollar corporation in an action against the defendant corporation and certain of its board members, both directly and derivatively, challenging an incentive-compensation plan. Before the trial court, the defendants unsuccessfully challenged personal jurisdiction in Alabama and raised the forum non conveniens and internal affairs doctrines as affirmative defenses. The Alabama Supreme Court denied the defendants' petition of writ of mandamus, affirming the trial court's order and maintaining jurisdiction in Alabama. Ex parte Bentley, 2010 WL 2034943 (Ala. 2010).

Douglas Hargett was retained by an out-of-state attorney to assist with the domestication of a judgment entered in an arbitration hearing conducted by the American Arbitration Association and the execution and collection of the judgment amount.

Douglas Hargett represented a real estate developer and builder in a contract dispute with a residential home purchaser. The purchaser entered into a contract to purchase a home from the client. However, after a substantial number of custom improvements requested by the purchaser were made to the home and property, the purchaser backed out of the contract and refused to purchase the home. Douglas achieved a successful result and monetary settlement on behalf of the client.

Douglas Hargett filed a lawsuit on behalf of a Huntsville company that sells and distributes board games, books, and other products to customers around the world. The lawsuit includes claims against the defendant for breach of contract and fraud and seeks the recovery of compensatory and punitive damages.

Mike Tanner and Douglas Hargett represented a client accused of violating a non-solicitation/non-competition provision in an employment agreement the client entered into with his former employer. The former employer filed a lawsuit in Pennsylvania state court, accusing the client of soliciting and providing services for customers of the employer in violation of the agreement. Mike and Douglas successfully resolved the case early in the litigation process and secured the client's full release from the non-solicitation/non-compete agreement.

Douglas Hargett represented two homeowners in an action to enforce a Real Estate Sales Contract entered into by a buyer who agreed to purchase their home for a substantial amount. After entering into the contract, the buyer failed to make the required deposit of earnest money into the real estate agent's escrow account and refused to close on the purchase of the client's property. Douglas negotiated a successful settlement in favor of the clients, which required the full payment of a substantial sum of earnest money and all of the client's attorneys' fees and costs without having to file a lawsuit.

Rick Hall successfully negotiated a settlement of a will contest that the firm was hired to handle in April 2009. The settlement results in the firm’s clients receiving 42 percent of the estate, whereas they were totally left out of the will that was admitted to probate. Additionally, a family business owned by the clients received an additional benefit of $2.5 million on claims involving breach of fiduciary duty in the management of the business and fiduciary self-dealing. The total benefit of the settlement to the firm’s clients will be in excess of $10 million.

Mike Tanner represented the plaintiff who was operating a motorcycle in Tennessee. The defendant, driving a pickup truck and hauling a horse trailer, pulled into the path of the plaintiff. The plaintiff laid down the motorcycle to keep from running into the defendant’s horse trailer. He suffered road rash and two fractured wrists. The case was settled for the insurance policy limits of both the defendant driver and the primary underinsured motorist. The claim against the secondary underinsured motorist carrier is still pending.

Rick Hall and Douglas Hargett were retained to defend a high tech company in Huntsville and its management in a securities fraud suit brought by 15 plaintiffs and filed in St. Clair County, Alabama.

Mike Tanner and Rick Hall filed a retaliatory discharge case for a plaintiff that was terminated after making a workers’ compensation claim. The plaintiff was a managerial employee for the defendant and had been employed with the defendant for fourteen (14) years. She was terminated shortly after being released to light duty work.

Mike Tanner represented the minor daughter of the deceased in a wrongful death action. The child’s father was murdered while working as a cashier in a liquor store. Mr. Tanner filed a wrongful death lawsuit against the company that provided security services for the liquor store. The theory of liability was that the security company negligently provided an inappropriate security system for the store. Had an appropriate security system been provided, the murder could have been prevented. After taking the deposition of the corporate representative of the defendant, the case was settled at mediation for a substantial sum.

Mike Tanner represented the plaintiff who was a passenger in a motor vehicle being operated by the defendant. The defendant driver pulled into the path of an oncoming vehicle which struck the defendant’s vehicle on the passenger side. The plaintiff suffered multiple broken bones and a brain injury from the collision. To overcome Alabama’s guest statute, the plaintiff had to prove that the defendant driver was guilty of recklessness or wantonness. Initially, the insurance company for the defendant driver denied liability based on the heightened standard under Alabama’s guest statute. However, after Mr. Tanner took the deposition of the defendant driver and secured an affidavit from the investigating state trooper, the case was settled for the substantial insurance policy limits of the defendant driver.

Douglas Hargett and Mike Tanner filed a lawsuit against a mortgage company for wrongfully instituting foreclosure proceedings against a borrower. The mortgage company allegedly told the borrower that if he stopped making mortgage payments for several months and went into default on his loan, the mortgage company would then agree to modify the terms of his loan. The borrower relied on these representations, however, the mortgage company failed to follow through on the loan modification and instituted foreclosure proceedings on the borrower's home. At the time the complaint was filed, Douglas and Mike successfully obtained a TRO and secured a preliminary injunction stopping the foreclosure proceedings. The borrower is seeking a loan modification, as well as compensatory and punitive damages.

Mike Tanner represents the plaintiff in a claim against a nursing home related to a fall in which the patient suffered a broken fibula. The case was filed on July 17, 2009, in the Circuit Court of Hardin County, Tennessee.

Rick Hall and Mike Tanner filed a counterclaim for malicious prosecution, defamation, and the tort of outrage against a credit union on behalf of the credit union’s former manager. The former manager was terminated because of alleged irregularities in a series of loans to one of the credit union’s customers. Subsequently, the former manager was indicted on criminal charges in federal court; however, these charges were dismissed for insufficient evidence. In the meantime, the credit union filed a civil lawsuit against the former manager related to the alleged irregular loans. After the dismissal of the criminal charges, Mr. Hall and Mr. Tanner filed a counterclaim in the civil lawsuit on behalf of the former manager.

Rick Hall successfully negotiated a confidential settlement for a major pet food manufacturer of a lawsuit for breach of warranty against a supplier of component materials. The lawsuit alleged that defective materials were provided, resulting in lost profits and expenses incurred in recalling the product.

Rick Hall and Mike Tanner were associated by other attorneys as litigation counsel to pursue a will contest on behalf of seven heirs on grounds that the will, which was executed shortly before their family member’s death, was the product of the testator’s incompetence and undue influence by the ultimate beneficiaries of the challenged will. The case involves complicated estate tax issues as well as claims involving breach of fiduciary duty in the handling of closely-held family businesses. Tax counsel has advised that this estate will likely be the largest in the State of Alabama for which an estate tax return will be filed in 2009.

Douglas Hargett and co-counsel at a large Alabama firm represent clients in a complex shareholder lawsuit against a publicly traded Japanese corporation, its United States subsidiaries, and certain of its individual officers and directors for breach of fiduciary duty, corporate oppression/squeeze-out, breach of contract, and fraud. The original complaint was founded on the defendants’ alleged failure to honor the terms of an earn-out provision in a stock purchase agreement entered between the companies and approximately fifty individual shareholders. After competing actions were filed by the parties in Alabama state court and Delaware federal court, the parties agreed to resolve their disputes in binding arbitration in April, 2009.

Mike Tanner filed a lawsuit for a client who was riding his motorcycle with a friend in Tennessee. The defendant pulled out in front of the two motorcycles, causing the motorcycles to collide to avoid hitting the automobile. The client suffered multiple injuries, including fractures to both of his arms.

Rick Hall filed a lawsuit alleging negligence and wantonness against a trucking company on behalf of a client who was employed by the Alabama Highway Department. The client was working on a road crew in Marion County, Alabama, when the truck driver, ignoring warning signs, rammed into his State vehicle. The client suffered permanent injuries as a result of the accident.

Rick Hall and Mike Tanner completed extremely complicated fidelity bond litigation on behalf of a community bank. The final defendant, one of the bank’s fidelity bond insurers, reached a confidential settlement with the bank. The lawsuit alleged breach of contract and bad faith against two fidelity bond insurers and breach of fiduciary duty against a former executive. Previous confidential settlements had been entered with the former executive in the bank and the other fidelity bond insurer.

Rick Hall was hired to defend a manufacturer employing a large number of persons in Northwest Alabama with respect to claims concerning soil and groundwater contamination from chemicals used in the manufacturing process.

Mike Tanner represented the plaintiff in a workers’ compensation/environmental claim against Occidental Chemical Corporation. His client claimed to be totally disabled due to a chlorine exposure at the plant. His client had pre-existing asthmatic bronchitis. Her pulmonologist testified that the chlorine exposure aggravated her condition. At an early mediation, Occidental offered $7,500 to settle the case. After extensive discovery, the case was settled for $247,500 and approved by the Court on January 7, 2009.

Mike Tanner successfully represented the defendant in the Circuit Court of Colbert County in a case arising out of insurance agents leaving their employment with one agency and obtaining employment with a competing, independent agency. The former employing agency sued, claiming that the agents misappropriated trade secrets and improperly used those trade secrets to unfairly compete. After a week long trial, the trial judge granted a motion for judgment as a matter of law in favor of the defendants on January 30, 2009.

Douglas Hargett represented several international intellectual property and technology companies in a complex patent infringement lawsuit filed in Federal District Court for the Northern District of Alabama. After substantial briefing and arguments by the parties, the case was dismissed and transferred to the Federal District Court for the Northern District of California. Douglas worked with a group of attorneys from around the country to discuss case strategy and successfully obtain a dismissal on behalf of their respective clients.

Rick Hall participated in a settlement on behalf of his clients, annuity agents, arising from a significant number of lawsuits and un-filed claims all over the State of Alabama. The firm was initially retained as personal counsel to monitor the performance of the clients’ liability insurer and the lawyer retained by the insurance company to defend the actions. The insurance company defended under a reservation of rights and contended that its coverage obligations were doubtful. Rick was ultimately retained by the insurer to defend the cases, which resulted in the client’s release following a confidential settlement.

Rick Hall and Mike Tanner completed litigation filed in 2005, involving children who were the victims of sexual abuse. The legal disputes included litigation in two state courts and three federal courts against the abuser, his employer and their insurers involving both the underlying tort claims on behalf of the children and insurance coverage disputes. The cases went to mediation on four different occasions before the entire case was finally resolved.

The firm successfully concluded the defense of condominium developers arising from a failed project in Gulf Shores, Alabama. The clients were referred to the firm by transactional attorneys with a major Alabama law firm due to conflicts that firm had continuing its representation as litigation counsel. The litigation was instituted by 63 plaintiffs on March 6, 2007, in the United States District Court for the Northern District of Alabama and quickly spawned an arbitration proceeding, an adversary proceeding in the United States Bankruptcy Court for the Southern District of Alabama, and two state court actions in Baldwin County, Alabama. The firm contended that the developers should have no liability for the following claims: (1) violation of the Federal Interstate Land Sales Disclosure Act; (2) violation of the Alabama Uniform Condominium Act; (3) breach of contract; (4) fraud/misrepresentation; (5) fraud; (6) conspiracy to defraud; (7) negligence/wantonness; (8) unjust enrichment; and (9) claims regarding letters of credit and deposits. The plaintiffs claimed millions of dollars in compensatory damages from the firm’s clients. The firm argued that any liability or responsibility in the case was that of the title insurer of the property, and that its clients had no liability for damages. The ultimate settlement involved no payments by the developers and a substantial payment to the plaintiffs by the title insurer, vindicating the firm’s strategy.

Rick Hall achieved a settlement of an arbitration dispute between two physicians involving Buy-Sell Agreements and several entities in the breakup of a medical practice. Under the Settlement Agreement, his client is to receive in excess of $430,000.

Rick Hall and Mike Tanner negotiated a confidential settlement for a client whose health insurance claim had been denied due to an alleged pre-existing condition. The lawsuit alleged the insurer acted in bad faith in purposefully misreading its policy to exclude coverage for diagnostic tests on potentially malignant lesions and for fabricating a contention that this was a pre-existing condition.

Douglas Hargett filed a lawsuit against a heavy equipment manufacturer on behalf of a disaster relief company, alleging breach of contract and fraud based on the manufacturer’s failure to deliver trucks and equipment to his client to be used in clean-up efforts in Southern Mississippi and Louisiana after Hurricane Katrina. Following a trial on the merits of the case, the court entered a judgment in favor of Douglas’s client on all counts and required the defendant to immediately deliver the trucks and equipment to the plaintiff. In re Lucky, 2008 WL 2952202 (Bankr. N.D. Ala. July 29, 2008).

Rick Hall and Mike Tanner filed a lawsuit for (1) tort of outrage; (2) defamation; (3) abuse of process; (4) malicious prosecution; (5) wantonness; (6) breach of fiduciary duty; (7) breach of contract; (8) misrepresentation; (9) suppression; and (10) loss of consortium on behalf of an individual and his family. The firm had previously been instrumental in gathering evidentiary material to submit to the district attorney to demonstrate that the prosecution of its client should be dismissed as unfounded and based upon false information.

Mike Tanner filed a complaint for the plaintiff in a medical malpractice case against a radiologist. The plaintiff suffered an injury to her knee and was treated at the local hospital emergency room. The radiologist failed to detect a fracture below the knee. As a result, the plaintiff continued to bear weight on the knee resulting in a significant displacement and ultimately requiring a total knee replacement.

Rick Hall negotiated a settlement for the income beneficiary of a trust resulting in recoveries and/or distributions to the client of $2,250,000. The case involved breach of fiduciary duty claims against co-trustees in making allocations between trust income and principal, among other things. Rick was associated by estate attorneys in his former firm, Bradley, Arant, Rose & White, to handle the litigation. The settlement was the culmination of a lengthy, collaborative effort to address complicated trust law and tax issues.

Mike Tanner filed suit for a client who was a passenger in a vehicle being operated by the defendant. The defendant was attempting to cross a four-lane highway and pulled into the path of another vehicle. The collision resulted in severe and permanent injuries to his client. The Alabama Guest Statute applies and bars recovery for the driver’s negligence. In order to meet an exception to the statute, the evidence must show that the defendant driver acted wantonly.

Rick Hall and Mike Tanner initiated a lawsuit for a mother and her children in a case involving claims against a trustee for breach of fiduciary duty in the administration of a trust. This case was filed on February 25, 2008, in the Circuit Court of Colbert County.

Mike Tanner represented the plaintiff who suffered injury to both of her knees when her vehicle was struck head-on by another motorist who was driving under the influence. GEICO was the underinsured motorist carrier for his client. After settling with the liability insurance carrier for the other driver for the policy limits, his client turned down GEICO’s settlement offer of $100,000. The case was tried against GEICO in the Circuit Court of Colbert County, and the jury returned a verdict on January 16, 2008, in favor of his client for $275,000.

Douglas Hargett represented an intellectual property company headquartered in Taiwan together with one of world’s largest international law firms in a lawsuit filed against it in federal court in Alabama by a publicly traded United States-based company. Following a motion to dismiss and extensive briefing of the issues, the trial court dismissed the lawsuit against the Taiwanese company for lack of personal jurisdiction. Avocent Huntsville Corp. v. ATEN Int’l Co., Ltd., 2007 WL 6788130 (N.D. Ala. Aug. 30, 2007).

Douglas Hargett successfully obtained a trial verdict in favor of a national mortgage company and title insurance company reforming an incorrect deed and related mortgage documents to real property located in the Huntsville, Alabama area. In addition, the judgment required the insured parties to distribute a substantial amount of insurance proceeds to the mortgage holder, which had been paid by the insurer to cover fire damage to home located on the mortgaged property.