business litigation
Business disputes should be resolved in friendly negotiations or mediation. But when that is not possible or the result is not satisfactory, litigation or arbitration is where these disputes generally get resolved. The decision to accept a potential resolution or litigate is the client's choice. We're prepared either way.
general Civil Litigation
Tom's practice has covered a wide range of industries and issues. Most individuals appropriately seek to avoid lawsuits altogether. Mediation may be an appropriate part of that strategy. But sometimes a lawsuit becomes necessary to defend or prosecute, and Tom is prepared. Tom has a unique perspective on personal injury claims because he has not only represented insurance companies, insureds, and claimants, when he became a victim to a hit and run he was forced to prosecute his claims against his uninsured motorist insurer. As an avid cyclist who has recovered from significant injuries, and someone with a health care law background Tom is comfortable with the many issues arising in personal injury cases of any type.
health care
The health care laws are changing, which have changed the industry, and those changes directly impact individual patients, employers, and health care providers. The health care laws are changing, which have changed the industry, and those changes directly impact individuals and business, whether they provide health care services or not, and patients. Tom has represented physicians, patients, surgery centers, hospitals, dialysis clinics, mental health and drug treatment clinics, and pharmacies.
business strategy
The startup and operation of any business requires legal advice from an attorney who seeks to understand you and your business - all of your goals. Our firm gives you a holistic approach, so your company can get the best competitive advantage. This includes protecting a brand and other intellectual property, whether copyrights, trademarks, patents, or trade secrets.
Construction
From heavy industrial to condominiums and single family homes, Tom has been involved in contracting and litigation for just about any kind of construction project, representing owners, architects, general contractors and subcontractors. Construction contracting and claims can create many challenges for owners, architects, contractors, and vendors.
probate, trusts and estate planning
The decision to make a last will and testament is an important one that should not be delayed. From simple wills and powers of attorney to more complex estate and gift planning, Tom can explain the options and work with your team to craft and follow through on your plan, including Probate. We assist with Probate Administration, Guardianships, Conservatorships, Mental Health Commitments, and other Probate Litigation, whether contested or not.
Representative Experience
Represented corporate investor in physician practice
Defended emergency room physician in Florida for alleged wrongful death failure to diagnose ruptured abdominal aortic aneurysm (AAA)
Defended emergency room physician in Mississippi for alleged wrongful death
Represented drug treatment facility and treating physician in DEA investigation and threats of license revocation
Defended elevator repair company against plaintiff claiming back, neck and psychological damages causing alleged incontinence and paralysis
Defended dialysis clinic for alleged negligence and wrongful death
Defended numerous product manufacturers who were sued in the first case filed in federal court in Mobile for alleged wood dust exposure causing sino-nasal cancer
Represented physicians on issues arising from audits by Medicare’s Recovery Audit Contractors (RAC Audits)
Represented health care provider on HIPAA issues arising from potential and actual event, breach and/or violation
Advised physicians on corporate and contractual issues of dispute within practice group
Pursued subrogation claims against marine manufacturers for an insurer of a vessel that exploded and burned to a total loss
Advised new and expanding businesses in organizational questions affecting the business, its relationships and tax implications
Defended payment claims made by suppliers and subcontractors against general contractor and surety involving various commercial construction projects
Defended and pursued multiple payment claims against owner and general contractor, involving industrial construction project
Defended developer in condominium construction defect cases
Pursued claims for owners and purchasers against real estate developers, for federal and state law violations and breach of contract
Advised franchisees related to franchise agreements, terms, risks and benefits
Defended music label, distributors, producers, writers and artists on copyright infringement claims
Defended a real estate developer against multiple preconstruction purchasers of a condominium development, involving claims of federal and state law violations and breach of contract
Represented corporate trustee in various trust matters
Defended escrow agent against claimants to escrow funds, involving hundreds of claimants and disputes between the escrow agent and owner/developer
Arbitration and trial defense of financial services provider that financed plaintiff’s car purchase
Defended national banking associations in UCC claims by account-holders and claimants to deposited funds
Advised physicians in contract negotiations with healthcare corporate groups
Defended health care providers, including physicians and clinics, against plaintiffs alleging medical malpractice
Defended property owner sued for wrongful death from electrocution on the premises
Represented an aircraft owner adverse to an avionics manufacturer and an FAA Certified Repair Station that installed and maintained the products
Defended life insurance companies in bad faith litigation, in both Alabama and Florida
Defended national retailer in various personal injury matters involving flammable chemicals and motor vehicle accidents
Defended trucking company and injured driver in multi-car pile-up involving multiple deaths, and then recovered for the client's injured driver for his personal injuries
Defended aviation products and FAA Certified Repair Station in multiple death, multiple-injury cases in various cases around the world