Litigation Successes

The Firm represented several different land owners in different condemnation actions in Baldwin County, Alabama in which the acquiring agency took the position that the remaining property was enhanced by the project to such an extent that the land owners were only entitled to a nominal offer of $500 as compensation.  Over the past year in these cases, the Firm's clients in these types of cases have...

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In David's Auto Shredding, Inc. v. Shredder Co., LLC, Slip Copy, 2009 WL 8478359 (S.D. Ala. March 24, 2009), United States Magistrate Judge Sonja Bivins agreed with Helmsing Leach attorneys Joseph P. H. Babington and D. Andrew Stivender that a lawsuit filed against their clients should be transferred to a federal court in Texas based on a forum selection clause contained in an agreement binding on the plaintiff. ...

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Finding that the plaintiff, who had amended his complaint to add Helmsing Leach’s hospital client as a defendant after the statute of limitations had run, had not exercised due diligence to ascertain the defendant's correct name in a timely fashion, the Alabama Supreme Court directed the trial court to grant the hospital defendant's motion for summary judgment.  Click here for the Defense Research...

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Helmsing Leach lawyers Joseph P. H. Babington, D. Andrew Stivender and Annie J. Dike teamed up with Daniel R. Lanier (dlanier@milesstockbridge.com), principal of Miles & Stockbridge, P.C. and United States Coordinating Counsel for Black & Decker Corporation, to obtain a favorable ruling from the Alabama Supreme Court in Ex parte Delta International Machinery Corp., ___ So. 3d ___, 2011 WL 3211098 (Ala....

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Glenn S. Kerner and Joseph P.H. Babington Glenn S. Kerner, chair of the Mass Tort and Class Action SLG of DRI’s Product Liability Committee and partner of Goodwin Procter LLP in New York City, teamed with Joseph P.H. Babington, partner of Helmsing, Leach, Herlong, Newman & Rouse, P.C., in Mobile, Alabama, recently to obtain summary judgment in favor of Teva Pharmaceuticals USA, Inc. (Teva)...

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Warren Herlong represented a landowner whose Florence, Alabama property was partially taken for a road widening project. The Alabama Department of Transportation testified to only owing $131,000 as just compensation for the taking, but after the two and a half day jury trial the Firm recovered a judgment of $402,720 plus approximately $115,000 in pre-judgment interest for its client.

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Warren Herlong and Casey Pipes successfully represented the AOH Church of God and the St. John AOH Church of God in an action to recover money and furniture that were taken from them by former members and the former pastor of the St. John AOH Church of God. The Jury returned a verdict in favor of the Firm's clients in the exact amount requested by Casey and Warren, $557,227.26.

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The Firm secured summary judgment for its client on the grounds of judicial estoppel arising out of a plaintiff’s failure to list the underlying civil claim against the Firm’s client in the plaintiff’s bankruptcy schedules. The order issued out of the Mobile County Circuit Court and was recently affirmed on appeal by the Alabama Supreme Court (Verneuille v. Buchanan Lumber of Mobile, Inc., 2005...

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Warren Herlong and Casey Pipes represented two landowners whose Mobile County, Alabama property was partially taken for a road widening project. The Alabama Department of Transportation testified to only owing $137,835 as just compensation for the taking, but after the two and a half day trial the Firm recovered a judgment of $511,746.35 for its clients.

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