ATTORNEYS
MAX CASSADY
UTOPIA CASSADY

 

Most Recent Result Conecuh County Jury Trial Results

 September 2021, $350,000 Uninsured Auto Crash Verdict

September 2021, $250,000 Auto Crash Verdict

Most Recent Federal Jury Trial Result

 

In a December 2019 federal civil jury trial before Chief United States District Court Judge Dubose, our firm represented Defendants Uniti Fiber Holdings, Inc., and Southern Light, LLC against a claim in excess of $10 Million by plaintiff Harbor Communications. The jury found in favor of our client twice, returning a defense jury verdict for our clients, and also awarding our clients' a counterclaim monetary verdict. (2019 S.D. Ala.) (link) (link)

Most Recent Result in Alabama Court of Civil Appeals

Our firm responded to a Writ of Mandamus in the Circuit Court of Conecuh County. The appellate court held in favor of our client. See, Ex parte Standard Furniture Manufacturing Co., LLC
(In re: William K. DeFee v. Standard Furniture Manufacturing Co., LLC, and Millennium Risk Managers, L.L.C.)(Link here)

Recent Federal Summary Judgment Order from Montgomery Federal Court - Settlement

We currently represent a teacher who protected a special education student's rights to a least restrictive environment.  Our teacher client was terminated for protesting violations of the child's rights under the Individuals with Disabilities Education Act. The school system falsely accused her of abusing a child and reporting her to DHR. DHR found the accusations against her unfounded. The Court has found substantial evidence supports our client's claims of retaliation. Our client will soon received her day in court before a jury of citizens. (2020 M.D. Ala)(link to SJ Order USDC Middle District of Alabama) We are are co-counseling this case with William T. ("Bo") Johnson, an extremely talented trial lawyer. The case settled, and was highlighted in Wrights Law, a national special education advocacy site for students and teachers who advocate for students. (link here)

Recent Federal Court Order in Favor of Our Client

Former Chief United States District Court Judge, Now Senior U.S. District Court Judge W.H. Steele, granted our firm's Motion to Remand to the Conecuh County Circuit Court of Judge Jack B. Weaver on December 2, 2020 (link to Order).

 Recent American Arbitration Association Proceeding

Our Firm filed for an AAA Arbitration Declaratory Judgment Award for our client Uniti Fiber Holdings, Inc., in a 2020 Commercial Matter. We successfully protected our client against illegal imposition of pass-through charges not permitted under a contract. New York contract law and interpretation principles applied in an Atlanta AAA forum.

Consumer Guarantor Defense Verdict

Our firm is pleased to announce a successful outcome in a complex consumer case involving the right of a guarantor in Alabama to see that the real estate security of an after-acquired mortgage of the debtor be foreclosed upon first, prior to seeking satisfaction of the debt from the guarantor. Circuit Court Judge Jack Weaver issued a thorough opinion. (link here to Order)

 

Combined 50 Years of Experience

 

AV Preeminent (mc)

 

NBTA Board Certified Civil Advocate (link)(mc)

 

Law Review Members (mc, uc)

 

9 Best Paper Book Awards (uc)

 

(Contracts I, Wills & Trusts I, Estate Planning

 

Remedies, Constitutional Law I, Tax I, Constitutional Law II

 

2 Best Paper Book Awards (mc)

 

(Property I & Property II)

 

Law Clerk to U.S.D.C. Chief Judge A.T. Howard (mc)

Mid-South Superlawyers 2105-2019, Personal Injury (mc)(link)

Best Lawyers (r)(link)

 

Former County Attorney, Conecuh County, Alabama (mc)

Publication, Harper Lee’s Dolphus Raymond Inspired by Father’s Client

77 Alabama Lawyer 412 (November, 2016)(mc)(link here)

Publication, 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)

Cigarettes and Pawns in The Game (link here)

 

Licensed in Alabama (mc, uc) and Mississippi (mc)

 

USDC Magistrate Committee, Mobile, Appointed by Chief Judge Granade, 2003 (mc)(link)

 

Alabama Lawyer Editorial Board (mc)

 

Special Education Law Certification, William & Mary School of Law (mc)

 

JD, University of Alabama (mc)

 

Masters, Social Work, Tulane University (tc)

 

JD, Thomas Goode Jones School of Law (tc)

 

Outstanding First Year Law Student Award (tc)

 

Formerly associated with Johnstone, Adams, Bailey, Gordon & Harris (mc)

 

Formerly associated with Burns, Cunningham & Mackey (mc)

 

Board Member, Impact 100 (tc)(link)

 

Appeals Won By Our Firm Over 28 Years

 

(TA -Trial and Appellate Counsel)

 

(AO -Appellate Counsel Only)

 

(NA - No Opinion Affirmance)

 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)

 

2016 - X-Chem, LLC and Kyle C. Buck v. Messer (TA)(NOA)

2014 Anderton v. Practice-Monroeville, PC, 164 So. 3d 1094 (Ala. 2014)(link)

(Post-Appeal, Arbitrator Pat Sims Ordered the Anderton Matter to 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)

Remand Orders from Southern District of Alabama

Grant v. Davey Tree Expert Co., Inc., 8 F. Supp. 2d 1328 (S.D. Ala. 1998)(fees awarded)(Hand, J.)

Results By Our Firm

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 Verdic

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 Business Divorce 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)

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, link here

 

Special Education Administrative Law Settlements

Obtained offer of judgment/settlement for constant supervision, BCBA, Behavior Intervention Plan, Compensatory Education, link here

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