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Max Cassady attended the University of Alabama School of Law, where he was a member of the Alabama Law Review. He then served as an attorney for Chief United States District Judge Alex T. Howard, Jr., in the Southern District of Alabama. A Board Certified Civil Trial Attorney (link), Max practices in federal and state courts across Alabama. In the 1990's he and other former federal law clerks achieved a National Record Fair Housing Settlement, in Mobile, Alabama arising out of discrimination by West Mobile apartment complexes against African-Americans (link). In his first murder case, his appeal to the Alabama Court of Criminal Appeals established a battered woman's right to self-defense expert (link). The firm has litigated for students subjected to incarceration conditions within public schools (link).

 

• Alabama State Record Wrongful Termination Civil Jury Verdict 25-5-11.1 Conecuh County Record Civil Jury Verdict.

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• Employment Rights Litigation.  Successfully litigated against State of Alabama for Department of Human Resources Employee, who, with bilateral breast cancer, was coerced to resign from her state employment position, which she had held for over 20 years. (Memorandum Opinion).

 

• Capital Murder (Actual Innocence), Time Served Plea and Release, Conecuh County.

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• Telecommunications Contract Litigation. Represented Uniti Fiber Holdings, Inc., and Southern Light, LLC against Harbor Communications, LLC, in December 2019 federal civil jury trial before Chief United States District Court Judge Dubose, in Mobile, Alabama. Harbor Communications alleged that Uniti Fiber had refused to deliver dark fiber pursuant to a contract, and that, as a result of the breach of contract, Harbor Communications was unable to complete a contract in excess of $10,000,000 to sell its dark fiber assets to Cspire. Obtained defense verdict and counterclaim verdict in favor of Uniti Fiber Holdings, Inc., and Southern Light, LLC. (2019 S.D. Ala.) (link)(link).

 

• ADA and 504 Employee Retaliation Litigation. Represented teacher terminated for protesting violations of Downs Syndrome student’s ADA and 504 rights. (link to SJ Order USDC Middle District of Alabama). The case outcome was highlighted in WrightsLaw, a national special education advocacy site for students and teachers who advocate for students. (link) 

 

• H-1B Litigation. Represented hospital technology company in H-1B related litigation. Obtained reversal of award of treble punitive damages against company in the U.S. Eleventh Circuit. Tangen v Ideacom.

 

• Impermissible Telecommunications Charges. Initiated AAA Arbitration for declaratory judgment award for Uniti Fiber Holdings, Inc., in 2020.  Successfully protected Uniti Fiber Holdings, Inc., against illegal imposition of pass-through charges not permitted under a contract. New York contract law and interpretation principles applied in the Atlanta AAA forum. 

 

• Advised to Telecommunications Company on Covid Policies (HR Related). Advised VP and Head of Litigation for Uniti Fiber Holdings, Inc. on Covid policies.   

 

• Experienced in Wage & Hour Law under Fair Labor Standards Act.    

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EDUCATION

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• Law School 

 

• University of Alabama, JD, 1990.

 

• Law Review Member

 

• 2 Best Paper Book Awards - Property I & Property II

 

• Federal Internship Following Law School

 

• Law Clerk to U.S.D.C. Chief Judge A.T. Howard, Jr  (1990-1992). Judge Howard is most known for the Michael Donald litigation against the KKK.  In 1984, the Southern Poverty Law Center (SPLC sued the United Klans of America for the lynching Michal Donald, whose body, after his murder, was hung from a noose on a city street in Mobile, Alabama. Judge Alex T. Howard Jr. extended the legal principle of "agency," which held the Klan accountable for the acts of its members. The organization was ordered to pay $7 million and was bankrupted.  

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PUBLICATIONS

 

•  Harper Lee’s Dolphus Raymond Inspired by Father’s Client 77 Alabama Lawyer 412 (November 2016) 

 

• Legal Malpractice Actions under the Alabama Legal Service Liability Act: Alleged Involuntary Attorney-Client Relationships and Attendant Statute Of Limitations Issues, 73 Alabama Lawyer 50 (January 2012)(mc)(link here)

 

• Other Writings

 

• Cigarettes and Pawns in The Game 

 

LICENSES​

 

• Admitted to Alabama in 1990 and continuously licensed since 1990. Admitted to all state and federal courts.  Alabama and Pennsylvania have reciprocity.

 

• Admitted in Mississippi in 2017. Admitted in state and federal courts.

 

APPOINTMENTS

 

• USDC Magistrate Committee, Mobile, Appointed by Chief Judge Granade, 2003  resulting in appointment of first African-American federal judge in Mobile, Alabama. 

 

• Former Editorial Board Member, Alabama Lawyer.

 

• Certifications

 

• William & Mary School of Law, Special Education Law Certification 

 

APPEALS WON​

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(TA -Trial and Appellate Counsel)

 

(AO -Appellate Counsel Only)

 

(NA - No Opinion Affirmance)

 

• (Plaintiff's Verdict) Joanna Davis v. Fred Drakeford (Appeal from Conecuh Circuit Court: CV-18-900018). WISE, Justice. AFFIRMED. NO OPINION. See Rule 53(a)(1) and (a)(2)(F), Ala. R. App. P. Parker, C.J., and Bolin, Sellers, and Stewart, JJ., concur. (TA)(Link here)

 

• Ex parte Standard Furniture Manufacturing Co., LLC, link here (TA).

 

• 2020 - Taylor v Hoehn, link here (TA).

 

• 2018 - Fitzpatrick v Hoehn, link here (TA).

 

• 2017 - Bebee Properties, LLC v. Ard, link here (TA).

 

• 2016 - DeFee v Standard Furniture, link here, here, and here (TA).

 

• 2014 - Anderton v. Practice-Monroeville, PC, 164 So. 3d 1094 (Ala. 2014)(link)(Post-Appeal, Arbitrator Pat Sims Ordered the Anderton Matter to go back to State Court)(link).

 

• 2011 - Tangen v Ideacom (11th), link here (TA).

 

• 2011 - Ex parte Elliot, link here (TA).

 

• 2007 - Partners In Care, Inc, link here (TA).

 

• 2004 - Padgett v Conecuh County, link here (TA).

 

• 2007 - Bledsoe v Cleghorn, link here (AO)

 

• 2007 - BancTrust Co., Inc. v. Griffin, link here (TA)

 

• 2003 - Southern Pine v Burch, link here (TA)

 

• 2002 - AAA Cooper Transp. v. Philyaw, link here (TA)

 

• 1998 - Bonner v State, link here (TA)

 

• 1994 - Prescott v Baker, link here (AO)

 

• 1992 - Ponder v Lincoln Sales, link here (TA).

 

RESULTS

 

• National Record Fair Housing Settlement, Mobile, Alabama (Discrimination by West Mobile Apartment Complexes Against African-Americans)(link) 

 

• Alabama State Record Wrongful Termination Civil Jury Verdict 25-5-11.1 Conecuh County Record Civil Jury Verdict.

 

• Capital Murder (Actual Innocence), Time Served Plea and Release, Conecuh County.

 

• Capital Murder (Actual Innocence), Plea to Theft of Property 2nd, Covington County.

 

• PT Judgments, Conecuh, Monroe, Escambia, Baldwin, Choctaw Contempt Order Against AIG Insurance for 15 Year Refusal to Pay Benefits, Monroe (link).

 

• Six Figure Settlement with State of Alabama for DHR Employee with Cancer Coerced to Resign (link).

 

• Established Battered Woman's Right to Self-Defense Expert (link)

 

• Multiple Felony Not Guilty Jury Verdicts

 

• Bad Faith Verdict for Insured, Conecuh

 

• Verdict for Involuntary Bankruptcy Defendants, Mobile (link1)(link2)

 

• Counterclaim Six Figure Verdict, Baldwin (link)

 

• Jury Verdict Upholding Client's Last Will, Deeds and Change of Beneficiary, Conecuh

 

• Summary Judgment on Liability for Medical Malpractice Plaintiff, Covington.

 

• SSA Disability Determinations, Multiples, Annually

 

• Seven Figure Settlement for Environmental Damage, Mobile

 

• Multiple Seven Figure Settlements, Legal Malpractice, Mobile, Jefferson

 

• Six Figure Verdict, Legal Malpractice, Baldwin County

 

• Professional License Preserved, Multiple Registered Nurses

 

• Multiple FLSA Settlements, Including for Minors in Fast Food Industry

 

• Defense Jury Verdict for All Terrain Vehicle Park, Conecuh County, following 5 Day Trial

 

• Rule 32 Release of Prisoner on Innocence Grounds, Conecuh

 

• Eleventh Circuit Reversal of Non-Jury Award of Treble Damages and Fees (link)

 

• Conecuh County Attorney, 1997-2004

 

• Reversal of Judgment in favor of Alabama Historic Commission (Conecuh Courthouse)

 

• Contested and Defeated Expulsion of USA Graduate Student (ADA Grounds), Mobile.

 

• Estate Planning for Mineral Interest Landowners, Conecuh 

 

• Defeated Post-Well Attacks on Landowner's Mineral Interests (Conveyances Upheld)

 

• Federal Court Defense Jury Verdict, and Counterclaim Verdict for Money Damages, in Telecommunications  Case (2019 S.D. Ala)(link)

 

• Summary Judgment denied in retaliatory discharge claim for teacher who protected special education student's rights to least restrictive environment (2020 M.D. Ala)(link to SJ Order of Judge Huffaker)

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• Special Education Administrative Law Judgments

  • IDEA Judgment with 1:1 Aide and BCBA for K-5 Student with Autism, link here

  • IDEA Judgment for Downs Syndrome Student Segregated from All Other Students, link here

  • IDEA Judgment for Deaf Student Expelled from School Under "Homebound" Pretext.