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FIRM OVERVIEW 

The firm, as presently constituted, was established by Alto V. Lee, III and Huey Dwight McInish in 1941. Its roots may be traced, however, throught Lee & Lee, William L. Lee, and Alto V. Lee as far back as the late 1800's.  

Lee & McInish is an “AV” rated, full service law firm, listed in the Register of Preeminent Attorneys, specializing in the defense of those who have been sued. All partners in the firm are litigators, and collectively litigate cases in the areas of personal injury, product liability, vehicular claims, premises liability, medical negligence, workers' compensation, employment law and discrimination claims, railroad litigation and commercial disputes.

To effectively serve its diverse client base, the members of the firm also offer representation in typically non-litigious matters such as real estate, transactional law, hospital law, creditors' rights in bankruptcy and estate and probate law.

AFFILIATIONS

The partners in the firm are members of or otherwise affiliated with the following organizations:

Alabama Defense Lawyers Association

International Association of Defense Counsel

Defense Research Institute

National Association of Railroad Trial Counsel

National Association of Bankruptcy Trustees

Alabama State Bar Association

American Bar Association

American College of Trial Lawyers

International Society of Barristers

International Association of Insurance Counsel

Association of Credit and Collection Professionals

Association for Conflict Resolution

 

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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.