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Alan Livingston grew up in Albertville, Alabama. Mr. Livingston's family has a tradition of producing fine attorneys, who in addition to himself includes uncle Jack Livingston of Scottsboro, sister Gail L. Mills with Burr & Forman in Birmingham, and younger brother David Livingston, who practices in Gadsden.

Mr. Livingston graduated from Birmingham-Southern College, and received his B. A. degree in 1970. He received his law degree from the University of Alabama School of Law in 1973, and was admitted to the Alabama State Bar in the same year. He has practiced continuously with Lee & McInish since 1973.

Mr. Livingston is presently admitted to practice in both the Middle and Northern Districts of Alabama, as well as the U. S. Court of Appeals for the Eleventh Circuit. He has served as President of the Houston County Bar Association, as a Director of the Alabama Defense Lawyers Association, and is a member of the Alabama Defense Lawyers Association, the American Bar Association, the Houston County Bar Association, the International Association of Defense Counsel and the National Association of Railroad Trial Counsel. Mr. Livingston is a former president of the Dothan Area Chamber of Commerce, a former president of the National Peanut Festival, and currently serves as a member of the Board of Trustees for Birmingham-Southern College.

Mr. Livingston's practice is concentrated in the areas of medical negligence defense, products liability, workers' compensation, personal injury and railroad litigation defense.

Alan is married to the former Susan Haygood. Susan is from Greenville, Alabama. Alan and Susan have two children, Joanna and Jonathan.

 

 

Areas of Practice

Medical Negligence

General civil litigation

Railroad litigation

Workers' compensation

Insurance coverage

Bar Admissions

Alabama, 1973

U. S. District Court, Middle and

Northern Districts of Alabama 1975

U. S. Court of Appeals, 11th Circuit

1978

Education

University of Alabama School of Law

J.D., Doctor of Jurisprudence 1973

Birmingham-Southern College: Birmingham, Alabama

B.A., Bachelor of Arts 1970

Honors and Awards

Alabama Board of Bar Examiners

1980-1984, Examiner

Professional Associations and Memberships

Alabama State Bar (Member)

International Association of Insurance Counsel (Member)

Alabama Defense Lawyers Association (Member)

National Association of Railroad

Trial Counsel (Member)

Personal Information

Born June 28, 1948, Birmingham,

Alabama

 

Lee, Livingston, Lee & Nichols, P.C.

Address: 238 W. Main St.(P.O.Box 1665, 36302), Dothan, AL 36301
Tel: (334) 792-4156
Fax: (334) 794-8342
Website: www.llln-law.com



All attorneys regularly try civil jury and non-jury cases in Dothan (Houston County); Geneva (Geneva County); Ozark (Dale County); Enterprise (Coffee County); Elba (Coffee County); Andalusia (Covington County); Abbeville (Henry County; Eufaula (Barbour County).

Events

Two of Houston County's Circuit Judges, Lawson Little and Edward Jackson, recently retired. Our congratulations go out to Mike Conaway and Kevin Moulton, who were recently appointed by the Governor to fill the vacated judgeships. Judge Conaway has already been sworn in, and Judge Moulton's swearing in ceremony is scheduled for June 25, 2010. 

Annual Meeting of the Alabama Defense Lawyer's Association, Sandestin Beach Resort, June 17, 2010

ACA 71st Annual Convention, July 11-14, Washington D.C. 

Legislative News

The Alabama Legislature has convened the 2010 session. Of the almost 600 bills filed thus far, we've identified the following as noteworthy: 

HB20: proposes a revised Uniform Arbitration Act

HB21:would remove the cap on permanent partial disability

HB24: would increase the homestead exemption by 6%

HB32: proposes to allow grandparents to petition for visitation with grandchildren

HB35: bans text message and GPS use while operating a motor vehicle

HB45: would ban same-sex partner benefits from being offered by state colleges and universities

HB102: would make misappropriation of trade secrets a crime

HB103: grants limited immunity to property owners acting in self defense

About the only Senate bill relevant to our clients would be SB215, extending the statute of limitations for claims of toxic exposure. There will not doubt be other Senate bills of interest as the 2010 Session progresses. 

Recent Decisions

In a recent unpublished decision rendered by the 11th Circuit, our firm represented the Alabama-West Florida Conference of the United Methodist Church in a case involving the application of the ministerial exception. The primary issue on appeal was whether the District Court properly granted a motion to dismiss under 12(b)(6) when it found the ministerial exception applicable to plaintiff's (a minister) employment discrimination claims. Of particular interest was whether the ministerial exception is applicable to claims of race discrimination under Section 1981. The 11th Circuit affirmed, finding that the ministerial exception precluded all of plaintiff's claims of employment discrimination, including the Section 1981 claims. At this writing, the case is still within the period for an application for reconsideration or en banc review. 

11th Circuit affirms judicial estoppel: in Robinson v. Tyson Foods, Inc., __ F.3d __ (11th Cir. 2010) failed to disclose in a Chapter 13 case her claim against Tyson. She had a confirmed Chapter 13 plan, paid out, and never amended her schedules. The District Court granted summary judgment for Tyson on judicial estoppel grounds, and the 11th Circuit affirmed. 

BMJA, LLC v. Murphy: the Alabama Supreme Court held that simply recording a judgment does not create a lien under Ala. Code 6-9-210, 211. The lien is created only upon the filing of a certificate of judgment. 

Firm News

Lee, Livingston, Lee & Nichols is very proud to count among its attorneys two "Super Lawyers."  Now included in the Super Lawyers directory for Alabama lawyers are William L. ("Bill") Lee, III and Alan C. Livingston. The recognition and honor is well-deserved by both. 

Lee, Livingston, Lee & Nichols  now has the ability to assist its clients with their title insurance needs in Florida through First American Title Insurance Company.