|Huey D. McInish (1923-1999)|
Huey D. McInish, or "Dwight" to us, was one of the founding members of the firm of Lee & McInish. Dwight is also a past president of the Alabama Defense Lawyers Associaion, and remained an active member throughout his legal career. We are also particularly proud of the prominent role Dwight played in the formation and development of what is now the Southeast Alabama Medical Center.He is survived by wife Clara Jean, and his son Pete and daughter Ruth are also members of the Alabama Bar.
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.
In a recent unpublished decision rendered by the 11th Circuit, our firm represented the Alabama-West Florida Conference of the United Methodist Church in a case involving the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.