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Table of Contents:

  • My Cases: Employment
  • My Cases: Redistricting
  • My Cases: Freedom of Speech or Religion
  • My Cases: Misc. Civil Rights Cases
  • My Cases: Defending Black-Majority District Plans
  • My Cases: Under Section 5, Voting Rights Act
  • My Cases: Election Contests and Pre-election Challenges
  • My Cases: Other cases
  • My Cases: Racial Vote Dilution
  • My Cases: Other Election and Voting Rights Cases
  • My Cases: Credit Regulatory Laws
  • My Cases: Constitutional Challenges to Taxation
  • My Cases: Employment

    Byrne v. Galliher, 39 So.3d 1049, 258 Ed. Law Rep. 1267 (Ala. 2009), and Hill v. Galliher, 65 So.3d 362 (Ala. 2010) -- successive appeals on case attacking policies of Department of Postsecondary Education interfering with legislator-employees performing their legislative duties.

    Harris v. Marion County Bd. of Educ., 644 So.2d 29, 95 Ed. Law Rep. 808 (Ala.Civ.App. 1994)

    Alford v. Ingram, 931 F.Supp. 768 (M.D. Ala. 1996) -- attacked statute on revocation of teacher certificates; while technically losing the case, achieved a revision of the standards used by the state

    Nelson v. Alabama Institute for Deaf & Blind, 896 F.Supp. 1108, 131 CCH Lab Cas ¶ 33,318 (N.D. Ala. 1995) -- Fair Labor Standards Act case seeking overtime for 25 employees

    Estill v. Alabama State Tenure Commission, 650 So.2d 890, 98 Ed. Law Rep. 586 (Ala.Civ.App. 1994)

    Akins v. Randolph County Board of Education, 643 So.2d 995, 95 Ed. Law Rep. 456 (Ala.Civ.App. 1994)

    Barnes v. Walker County Board of Education, 661 So.2d 239 (Ala.Civ.App. 1994)

    Kilgore v. Jasper City Board of Education, 624 So.2d 603, 86 Ed. Law Rep. 565 (Ala Civ App 1993)

    Campbell v. Talladega City Bd. of Educ., 628 So.2d 842, 88 Ed. Law Rep. 516 (Ala.Civ.App. 1993)

    Milligan v. Albertville City Bd. of Educ., 628 So.2d 625, 88 Ed. Law Rep. 502 (Ala.Civ.App. 1993)

    Alabama State Tenure Commission v. Lee County Board of Education, 595 So.2d 476 (Ala App 1991), rev. sub nom Ex Parte Alabama State Tenure Commission, 595 So.2d 479, 73 Ed. Law Rep. 874 (Ala), on remand 595 So.2d 482 (Ala Civ App 1992) -- I represented the real party in interest, a teacher who had been fired; the result of the case was his reinstatement

    Abney v. Baptist Medical Centers, 597 So.2d 682, 7 BNA IER CAS 641 (Ala 1992)

    Ex parte Jackson, 625 So.2d 425 (Ala 1992), on remand sub nom., Jackson v. Alabama State Tenure Comm'n, 625 So.2d 430 (Ala Civ App 1993) -- gained tenure for teacher by favorable statutory interpretation of definition of earlier work as teacher with provisional certificate

    Ex parte Turner, 601 So.2d 995 (Ala 1992), reversing Monroe County Board of Education v. Turner, 601 So.2d 997 (Ala Civ App 1992) -- represented amicus curiae in support of teacher's claim

    Ex Parte Alabama State Tenure Commission (Re: Alabama State Tenure Commission v. Lee County Board of Education), 595 So.2d 479 (Ala 1991)

    Greaves v. Jefferson State Junior College, 494 So.2d 409 (Ala 1986) -- unsuccessful age discrimination action

    Belcher v. Jefferson County Board of Education, 474 So.2d 1063 (Ala 1985) -- established principle that public agencies must follow own rules, and employees have cause of action based upon failure to do so

    High v. Jefferson County Board of Education, 373 So.2d 1089 (Ala 1979)

    Spicer v. Board of Trustees of the University of Alabama, 347 So.2d 983 (Ala 1977)

    Hanson v. Hearn, 521 So.2d 953 (Ala 1988) -- unsuccessful proceeding to require compliance with earlier consent decree on individual employment

    Williams v. Ivey, 484 So.2d 468 (Ala 1985) -- represented county commissioner in action brought against him by employee

    Heatherly, Director of the Alabama Department of Industrial Relations v. Benton, 479 So.2d 1285 (Ala Civ App 1985) -- proper treatment of back pay under unemployment compensation laws

    Smith v. Civil Service Board of the City of Florence, 52 Ala App 44, 289 So.2d 614 (Ala Civ App 1974) -- successful appeal on trial procedure to be used in appeals from civil service board decisions

    Carroll v. BellSouth Advanced Systems, Inc., 867 F.2d 1430, 1989 US App Lexis 1112 (11th Cir. 1989)

    Childers v. Morgan County Board of Education, 817 F.2d 1556, 43 FEP Cases (BNA) 1702, 43 EPD (CCH) ¶ 37,211, 39 Ed. Law Rep. 72 (11th Cir. 1987) _- successful in overturning summary judgment against school bus driver in age discrimination in employment case

    Byrd v. Morgan County Board of Education, 824 F.2d 974 (11th Cir. 1987)

    Williams v. Eastside Mental Health Center, 509 F.Supp. 579 (N.D. Ala. 1981), rev. 669 F.2d 671, 93 Lab Cases (CCH) ¶ 34,147, 15 BNA WH Cases 358 (11th Cir. 1982); cert denied 459 US 976 (1982) -- Fair Labor Standards Act case in which District court ruled that the FLSA does not apply to a private corporation under contract to the State Department of Mental Health because it is performing an integral governmental function; reversed by 11th Circuit in decision defining “integral state function”

    Bryant v. Western Electric Co., 572 F.2d 1087, 16 EPD ¶8302 (5th Cir. 1978) -- Title VII case, adequacy of charge

    Tillman v. City of Boaz, 548 F.2d 592, 12 EPD ¶11,560 (5th Cir. 1977) -- Title VII case, adequacy of charge in letter form

    Armour v. City of Anniston, 597 F.2d 46 (5th Cir. 1979), 20 EPD ¶30,022, vac. and rem. 445 US 940, remanded 622 F.2d 1226 (5th Cir. 1980), on remand 89 F.R.D. 331, 25 EPD ¶31,672 (N.D. Ala. 1980); 654 F.2d 382 (5th Cir. 1981) -- Title VII case against city hospital; class action representation after loss of individual case

    Tortorici v. Secretary of HEW, 496 F.Supp. 7 (N.D. Ala. 1979), aff'd sub nom Tortorici v. Harris, 610 F.2d 278, 22 EPD ¶30,585 (5th Cir. 1980) -- Title VII case for white female claiming reverse discrimination

    Langley v. State Farm Fire & Casualty Company, 26 EPD ¶31,837, 644 F.2d 1124 (5th Cir B 1981) -- sex discrimination in employment; pregnancy

    Perry v. Golub and Falkowski v. Perry, 464 F.Supp. 1016, 18 EPD ¶8805 (N.D. Ala. 1978) -- due process, discharge of government employee

    Stewart v. Bailey, 396 F.Supp. 1381 (N.D. Ala. 1975), aff'd 556 F.2d 281, rev'd on reh. 561 F.2d 1195 (5th Cir. 1977) -- teacher dismissal, due process

    Allen v. United States Steel Corp, 665 F.2d 689, 33 Fed R. Serv 2d 218, 27 FEP Cases (BNA) 1293, 27 EPD (CCH) ¶ 32,338 (5th Cir B 1982) -- Title VII sex discrimination suit relating to pension and extended vacation benefits

    Robinson v. City of Fairfield, 750 F.2d 1507, 40 Fed R Serv 2d 1202, 37 FEP Cases (BNA) 106, 36 EPD (CCH) ¶ 34,962 (11th Cir. 1985) -- represented city in Title VII case

    McGee v. Purolator Courier Corp., 430 F.Supp. 1285 (N.D. Ala. 1977) -- attempt to obtain preliminary injunction to keep plaintiff's job while EEOC processed charge.

    Johnson v. University College of University of Alabama in Birmingham, 706 F.2d 1205, 77 ALR Fed 259, 31 FEP Cases (BNA) 1744, 32 EPD ¶ 33,732 (11th Cir), cert. denied 464 US 994 (1983) -- revising award of attorneys' fees granted in employment discrimination case

    Putman v. Vath, 340 So.2d 26 (Ala 1976) -- suit by Catholic priest against his bishop for breach of contract

    In 1981, Isaac Asimov wrote the following limerick on a postcard to Still in celebration of Still’s victory in representing a teacher who had been fired for giving Asimov and John Ciardi’s book Limericks, Too Gross to a student:

    WATCH OUT!

    Don’t you mess round with Lawyer, Ed Still,

    For he puts those opposed through the mill.

    Twelve good men and true

    Will frown upon you,

    And then wait till you find out the bill.

    Copyright 2002 Isaac Asimov Estate. All rights reserved. Used by permission.

    This entry was posted by Edward at 10:19 AM, 02 September 2011 | TrackBack (0)

    My Cases: Redistricting

    Gustafson v. Johns, 434 F.Supp.2d 1246 (S.D. Ala. 2006), aff'd 2007 WL 63999 (11th Cir. 2007) – represented legislative leadership defending against Republican challenge to legislative redistricting as partisan gerrymander; case dismissed after trial because of res judicata (claim preclusion)

    Arvizu v. Arizona Independent Redistricting Commission, Case No. CV2002-004882 (Superior Court, Maricopa County, AZ) –challenge to competitiveness of congressional districts

    Dailey v. DeFazio, Civil Action No. 01-1911 (W.D. Penn. 2002) – defense of Allegheny County Council’s redistricting plan against Republican Party claims of violation of Voting Rights Act, gerrymandering, and violations of state law

    Burton v. Hobbie, 543 F.Supp. 235 (M.D. Ala. 1982) (3_judge court) (interim injunction), aff'd 459 US 961 (1982); 561 F.Supp. 1029 (1983) — reapportionment of Alabama Legislature, raising deficiencies under federal and state constitution

    Rice v. Sinkfield, 732 So.2d 993 (Ala. 1998) — white voters’ request for modification of consent judgment adopting legislative redistricting plan was moot because next legislative election would be held after Census 2000 results were published

    Rice v. Smith, 988 F.Supp. 1437 (M.D. Ala. 1998); Thompson v. Smith, 52 F.Supp.2d 1364 (M.D. Ala. 1999); Kelley v. Bennett, 96 F.Supp.2d 1301 (M.D. Ala. 2000), vac. & rem. sub nom. Sinkfield v. Kelley, 531 U.S. 28 (2000) – defense of Alabama legislative districts against claim of racial gerrymandering [this is a continuation of the state court case of Rice v. Sinkfield]

    Wesch v. Folsom, 6 F.3d 1465, 1472 (11th Cir. 1993), cert. denied 510 U.S. 1046 (1994) – Alabama congressional plan

    Brooks v. Hobbie, 631 So.2d 883 (Ala. 1993) – on certified question, Alabama Supreme Court held that state trial courts do have jurisdiction to hear redistricting suits

    This entry was posted by Edward at 11:39 AM, 23 March 2007 | TrackBack (0)

    My Cases: Freedom of Speech or Religion

    Baker v. Glover, 776 F.Supp. 1511, 19 Media L. Rep. 1984 (M.D. Ala. 1991) -- successful challenge under First Amendment to Alabama “dirty words” bumper sticker law

    Alves v. Peck, 835 F.2d 1439 (11th Cir. 1987); 868 F.2d 1275 (11th Cir. 1989) -- challenge to refusal of University to rent theater because of content of play

    Alabama Student Party v. Student Government Association of the University of Alabama, 867 F.2d 1344, 51 Ed. Law Rep. 1169 (11th Cir. 1989) -- challenge to campaign regulations

    Association for Children for Enforcement of Support v. Conger, 899 F.2d 1164 (11th Cir. 1990) -- challenge to exclusion of public from trials

    Simmons v. Conger, 86 F.3d 1080 (11th Cir. 1996) --challenge to exclusion of public from trials

    Roger Cleveland et al v. Gary C. Leach (Alabama Dept. of Conservation and Natural Resources) et al, CV 92-H-1057-N (M.D. Ala.) -- challenge to state parks' promotion of Christian religion (settled with consent decree)

    Muir v. Alabama Educational Television Commission, 656 F.2d 1012, 50 Rad. Reg. 2d (P & F) 275, 7 Media L. Rep. 1933 (5th Cir 1981); 662 F.2d 1110 (5th Cir 1981); 688 F.2d 1033, 66 ALR Fed 585, 52 Rad. Reg. 2d (P & F) 935, 8 Media L. Rep. 2305 (5th Cir. 1982) (en banc); cert. denied 460 US 1023 (1983) -- suit seeking to compel showing of public television program on grounds that Commission had improperly removed it from schedule because of its content

    Norris v. Turner, 637 F.Supp. 1116 (N.D.Ala. 1986) -- represented attorney who challenged advertising restrictions and unsuccessfully sought fees after Alabama Supreme Court modified the rule

    This entry was posted by Edward at 8:16 PM, 17 September 2006 | TrackBack (0)

    My Cases: Misc. Civil Rights Cases

    Thomas v. Alabama, 448 US 903 (1980) -- death penalty challenge

    Parker v. Downing, 547 So.2d 1180, 55 Ed. Law Rep. 1240 (Ala Civ App 1988), cert, den. 547 So.2d 1185 -- appeal relating to application of Batson v. Kentucky to civil trials and attorneys fees in civil rights action tried in state court

    Lynch v. Baxley, 386 F.Supp. 378 (M.D. Ala. 1974) (three judge court) -- declared Alabama civil commitment statutes unconstitutional

    Moore v. Hinton, 513 F.2d 781 (5th Cir. 1975) -- challenge of failure to inform uncounseled defendant that driver's license would be revoked upon conviction of driving while intoxicated

    Slay v. State of Alabama, 636 F.2d 1045 (5th Cir B 1981) -- appointed by court to represent prisoner on appeal from improper summary judgment in civil rights case against sheriff and jailer

    Still v. Personnel Board of Jefferson County, 406 So.2d 860 (Ala 1981), cert. denied 455 US 1020 (1982) -- Alabama courts are not required to grant attorneys fees when federal civil rights claim is alleged but not reached by court in making its decision

    Seritt v. State of Alabama, 731 F.2d 728 (11th Cir. 1984), cert. denied 469 US 1062 (1984) -- unsuccessful habeas corpus challenge to Alabama's habitual offender laws


    This entry was posted by Edward at 8:15 PM, 17 September 2006 | TrackBack (0)

    My Cases: Defending Black-Majority District Plans

    Fouts v. Harris, 88 F.Supp.2d 1351 (S.D. Fla. 1999), aff’d sub. nom. Chandler v. Harris, 529 U.S. 1084 (2000) -- court dismissed constitutional challenge to three South Florida congressional districts on grounds of laches; I represented black intervenors defending districting plan

    Sanders v. Dooly County, GA, 245 F.3d 1289 (11th Cir 2001) -- defense of majority black districts used in county commission and school board elections; issue of laches in declaratory judgment cases

    Thompson v. Smith, 52 F.Supp.2d 1364 (M.D. Ala) (3-judge court) -- defense of majority-minority legislative districts in Alabama; dismissal of some claims

    This entry was posted by Edward at 8:00 PM, 17 September 2006 | TrackBack (0)

    My Cases: Under Section 5, Voting Rights Act

    Kennedy v. Riley, --- F.Supp.2d ----, 2006 WL 2413709 (M.D.Ala., Aug 18, 2006) -- in suit regarding appointment of county commissioner, court held that two decisions of the Alabama Supreme Court could not be enforced until they had been precleared

    Reno v. Bossier Parish School Board, 7 F.Supp.2d 29 (D DC 1998) (3-judge court), aff’d 528 U.S. 320 (2000) -- Section 5 of the Voting Rights Act requires proof of intent to retrogress rather than generalized intent to discriminate against protected voter group

    Presley v. Etowah County Commission, 502 US 491 (1992), on remand, 869 F.Supp. 1555 (M.D. Ala.1994) -- held: Section 5 of the Voting Rights Act does not apply to changes in the powers of county commissioners; on remand, achieved relief under Section 2 of the Voting Rights Act

    Mack v. Russell County Com'n, 840 F.Supp. 869 (M.D.Ala. 1993) -- related case with Presley

    Singer v. City of Alabaster, 2002 U.S. LEXIS 3231, 122 S. Ct. 1908,152 L. Ed. 2d 819 (2002), aff’g 821 So. 2d 954 (Ala. 2001) -- defended winning candidate in election contest against claim that city had violated plaintiffs’ rights by obeying Section 5

    Henderson v. Harris, 804 F.Supp. 288 (M.D.Ala. 1992)

    Virginia v. Reno, 117 F.Supp.2d 46 (D.D.C. 2000), aff’d 531 U.S. 1062 (2001) -- Virginia sought preclearance of its law barring the use of adjusted census data; dismissed on grounds of unripeness

    Ward v. State of Alabama, 31 F.Supp.2d 968 (M.D. Ala. 1998) (3-judge court) -- successful Section 5 seeking injunction to enforcement of unprecleared change in Alabama absentee voting law

    Sumter County Democratic Executive Committee v. Dearman, 514 F.2d 1168 (5th Cir. 1975) -- challenge under Section 5 of Voting Rights Act; second appeal: Ward v. Dearman, 626 F.2d 489 (5th Cir. 1980)

    This entry was posted by Edward at 5:15 PM, 08 September 2006 | TrackBack (0)

    My Cases: Election Contests and Pre-election Challenges

    In re the Contest of Mattie Childress, before the State Democratic Executive Committee (2006) – represented Patricia Todd in her successful defense of a victory at the polls; Childress claimed that Todd had violated an SDEC rule that had been applied to no one since 1988

    Wells v. Ellis, 551 So.2d 382 (Ala 1989) -- successfully defended election contest; appeal turned on issue of proper absentee ballots

    Turner v. Poland, 544 So.2d 931 (Ala 1989) -- successfully prosecuted election contest and defended it on appeal

    Harris v. Weatherford, 459 So.2d 876 (Ala 1984) -- successfully represented parties seeking to keep candidate off the ballot for failure to qualify properly

    Godfrey v. Oswalt, 428 So.2d 40 (Ala 1983) -- election contest, represented amicus curiae in support of eventually successful candidate

    Bostwick v. Harris, 421 So.2d 492 (Ala 1982) -- successfully represented parties seeking to keep candidate off the ballot for failure to qualify properly

    In re the Contest of William J. Baxley, before the State Democratic Executive Committee, August 1986 -- one of two lead attorneys for successful contestant of gubernatorial primary election based on illegal votes received by putative winner from Republican crossover voters

    Ex parte Baxley, 494 So.2d 30 (Ala 1986) -- action defending subpoena power of the State Democratic Executive Committee in an election contest

    Ex parte Baxley, 496 So.2d 688 (Ala 1986) -- mandamus action resulting in ruling clarifying right of State Democratic Executive Committee to hear contest of Baxley

    Ex parte Graddick, 495 So.2d 1367 (Ala 1986) -- successfully defended action by loser of contest attacking type of evidence heard by the State Executive Committee

    Curry v. Baker, 802 F.2d 1302 (11th Cir. 1986), stay denied 479 US ___, 93 L.Ed.2d 1 (1986) (Powell, J., in chambers) -- another action by contest loser attacking the evidence heard by the State Democratic Executive Committee on the grounds of denial of due process

    Knight v. Gray, 420 So.2d 247 (Ala 1982) -- political party has authority to hear pre-primary challenges to its candidates' qualifications and may interpret state constitutional requirements for its candidates in any reasonable way

    Gartrell v. Knight, 546 F.Supp. 449 (N.D. Ala. 1982) -- defense of Democratic Party candidate loyalty rule (case later dismissed as moot)

    White v. Knight, 424 So.2d 566 (Ala 1982) -- three-year residency requirement for State Legislature candidates is constitutional and requires three years of continuous residence before election

    This entry was posted by Edward at 3:20 PM, 08 September 2006 | TrackBack (0)

    My Cases: Other cases

    Ex parte A.B., __ So.2d __, 2006 WL 2037173 (Ala. 2006) – represented party objecting to disclosure of personal information; Alabama Supreme Court granted mandamus to overturn order of Circuit Court requiring disclosure

    Watkins v. Board of Trustees of Alabama State University, 703 So.2d 335 (Ala.1997) – represented University in action challenging validity of appointment of one member of board of trustees

    Dunn v. Alabama State University Board of Trustees, 628 So.2d 519 (Ala 1993) — represented University in action challenging right of trustees to sit after disapproval by Senate and defending actions of board of trustees in closing meetings to meet with legal counsel

    O'Neal by Boyd v. Alabama Dept. of Public Health, 826 F.Supp. 1368, 3 A.D.D. 138, 4 NDLR P 281 (M.D.Ala. 1993) – challenge to Alabama regulations on assisted living facilities

    Lesnick v. Lesnick, 577 So.2d 856 (Ala 1991) — probate action to force guardian to account for husband-ward's funds intermingled with her own

    Baker v. Baxley, 348 So.2d 468 (Ala 1977) — certified question to Alabama Supreme Court on interpretation of prison “good time” laws

    Wallace State Community College v. Alabama Commission on Higher Education, 527 So.2d 1310 (Ala Civ App 1988)
    Boackle v. Jefferson Memorial Company, 408 So.2d 518 (Ala Civ App 1981)

    White v. Appleton, 53 Ala App 702, 304 So.2d 206 (Ala Civ App 1974) — appeal from order removing white mother's child of first marriage after she married black man

    Crittenden v. Parker, 350 So.2d 1058 (Ala Civ App 1977) — application of attorneys' lien statute to divorce actions
    Sierra Club v. Train, 557 F.2d 485 (5th Cir. 1977) — unsuccessfully attempted to require EPA to act against water pollution from strip mines

    Sierra Club v. Abston Construction Co., 10 ERC 1416 (N.D. Ala. 1977), rev. 620 F.2d 41, 52 ALR Fed 885 (5th Cir. 1980) — established that coal strip mines can be “point sources” of pollution regulated by the Water Pollution Control Act

    COME v. Chancey, 289 Ala 555, 269 So.2d 88 (1972) — rezoning case

    Jordan v. Guaranty Pest Control, Inc., 292 Ala 601, 298 So.2d 244 (1974) — attacked venue/jurisdiction of Jefferson County Civil Court as applied to residents of other counties

    Marcoal, Inc. v. United Mine Workers of America, 292 Ala 567, 298 So.2d 6 (1974) — defended union in damage suit arising out of organizing activity

    Hentz v. Darden, 394 So.2d 925 (Ala 1981) — reversed incorrect application of Dead Man Statute where one live participant to conversation is a defendant to suit

    Magouirk v. United States, 638 F.2d 1232 (5th Cir. 1981) — appointed to represent prisoner in 28 U.S.C. §2255 appeal

    Nelson v. Greater Gadsden Housing Authority, 802 F.2d 405 (11th Cir. 1986) — represented Legal Services attorneys seeking attorney fee award

    This entry was posted by Edward at 1:02 PM, 06 September 2006 | TrackBack (0)

    My Cases: Racial Vote Dilution

    Bolden v. City of Mobile, 423 F.Supp. 384 (S.D. Ala.. 1976); aff'd 571 F.2d 238 (5th Cir. 1978), rev. 446 US 55 (1980); vac. and rem. 626 F.2d 1324 (5th Cir. 1980); after remand by US Supreme Court, 542 F.Supp. 1050 (S.D. Ala. 1982) -- reapportionment of Mobile city commission

    Brown v. Moore, 428 F.Supp. 1123 (S.D. Ala. 1976), vac. & rem. sub nom. Williams v. Brown, 446 US 236 (1980), vac. & rem. sub nom. Brown v. Moore, 631 F.2d 731 (5th Cir. 1980) (merits); sub nom. Moore v. Brown, 448 US 1335 (1980) (Powell, Cir.J.) (application for stay); after remand by US Supreme Court, 542 F.Supp. 1078 (S.D. Ala. 1982), aff'd 706 F.2d 1103 (11th Cir. 1983), aff'd mem. sub nom. Board of School Comm'rs v. Brown, 464 US 1005 (1983) -- reapportionment of Mobile county commission and school board

    Johnson v. Hamrick, 1998 WL 476186 (N.D.Ga.1998), 196 F.3d 1216 (11th Cir. 1999) -- successful Section 2 claim against city council remanded for additional findings of fact

    Davis v. Chiles, 139 F.3d 1414 (11th Cir. 1998), cert. den. sub nom. Davis v. Bush, 526 U.S. 1003 --challenge to at-large judicial elections

    Dillard v. Crenshaw County, 640 F.Supp. 1347, 649 F.Supp. 289 (M.D. Ala. 1986) (11th Cir. 1987) -- reapportionment action against nine county commissions: Pickens, Etowah, Calhoun, Russell, Lawrence, Crenshaw, Coffee, Talladega, Escambia; all counties settled except Calhoun, which appealed on the remedy issue; the case was later amended to ask for reapportionment of 188 other county commissions, county school boards, and city and town councils; additional reported decisions are listed below:

    Dillard v. Crenshaw County (Calhoun County), 679 F.Supp. 1546 (M.D.Ala. 1988), aff’d 831 F.2d 246 (11th Cir. 1987)

    Dillard v. Baldwin County Commission, 694 F.Supp. 836 (M.D. Ala. 1988), 701 F.Supp. 808 (M.D.Ala., 1988) aff’d 862 F.2d 878 (11th Cir. 1988)

    Dillard v. Baldwin County Board of Education, 686 F.Supp. 1459, 47 Ed. Law Rep. 915 (M.D. Ala. 1988)

    Dillard v. Town of Louisville, 730 F.Supp. 1546 (M.D.Ala., 1990)

    Dillard v Baldwin County Commission, 53 F.Supp.2d 1266 (M.D.Ala.1999), vac. and rem. 225 F.3d 1271 (11th Cir. 2000) --representing black voters in challenge by intervenors against authority of federal court to order change in size of county commission in racial vote dilution case

    Dillard v. Chilton County Board of Education, 699 F.Supp. 870 (M.D. Ala. 1988), aff'd 868 F.2d 1274, 1989 US App Lexis 1336 (11th Cir. 1989) -- approval of settlement containing cumulative voting plan

    Dillard v. City of Greensboro, 865 F.Supp. 773, 870 F.Supp. 1031 (M.D. Ala. 1994), vacated and remanded 74 F.3d 230 (11th Cir. 1996), on remand 946 F.Supp. 946 (M.D. Ala. 1996), 956 F.Supp. 1576 (M.D. Ala.1997); 34 F.Supp.2d 1330 (M.D. Ala. 1999) (awarding fees)

    Dillard v. City of Foley, 926 F.Supp. 1053 (M.D. Ala. 1995), 166 F.R.D. 503, 35 Fed.R.Serv.3d 314 (M.D. Ala. 1996), 995 F.Supp. 1358 (M.D. Ala. 1998) -- approving agreement for annexation elections to settle suit claiming refusal to annex black-majority areas, and second opinion on fees

    Dillard v. Crenshaw County, 748 F.Supp. 819 (M.D.Ala. 1990) --court enforced settlement made by Shelby County Commission despite its attempt to withdraw

    Dillard v. Town of Cuba, 708 F.Supp. 1244 (M.D. Ala. 1988) -- approving settlements for limited voting plans in Towns of Cuba and Waldo

    Dillard v. Town of North Johns, 717 F.Supp. 1471 (M.D.Ala., 1989)

    Sumbry v. Russell County, Ala., 993 F.Supp. 1439 (M.D.Ala. 1998) --representing black voters in challenge by intervenors against authority of federal court to order change in size of county commission in racial vote dilution case

    Medders v. Autauga County Board of Education, 858 F.Supp. 1118 (M.D. Ala. 1994) (awarding fees)

    Dillard v. City of Elba, 863 F.Supp. 1550 (M.D. Ala. 1993) (awarding fees)

    Brooks v. Hobbie, 631 So.2d 883 (1993) -- redistricting of Alabama Legislature

    Hawthorne v. Baker, 750 F.Supp. 1090 (M.D.Ala. 1990), 756 F.Supp. 527 (M.D.Ala. 1990), 762 F.Supp. 1475 (M.D.Ala. 1991) --challenge to method of selection of members of governing bodies of state and county Democratic committees (Sections 2 and 5 of Voting Rights Act)

    Taylor v. Jefferson County Commission, CV 84_C_1730_S (N.D. Ala.), settled August 1985 -- resulted in the Jefferson County Commission being changed from a three_member at_large body to a five_member body being elected from single_member districts

    Adams v. City of Gadsden, CV 85_PT_1054_M (N.D. Ala.), settled June 1985 -- resulted in Gadsden's abandonment of the commission form of government and utilizing a mayor and 7_member council, elected from single_member districts

    McMillan v. Escambia County, Fla., 638 F.2d 1239 and 1249 (5th Cir. 1981), county commission aspect reversed on rehearing 688 F.2d 960 (5th Cir. 1982), reh. en banc den. 692 F.2d 758 (5th Cir. 1982); vac. and rem. 466 US 48 (1984); on remand from Supreme Court, aff'd 748 F.2d 1037 (5th Cir. 1984); on remand from Court of Appeals, 559 F.Supp. 720 (ND Fla 1983), appeal docketed No. 83_3275 (11th Cir), cert. before judgment denied, 464 US 830 (1983) -- reapportionment of Escambia County commission and school board and Pensacola city commission

    Jenkins v. City of Pensacola, 638 F.2d 1249 (5th Cir. 1981) -- remedy phase of city aspect of McMillan; proper use of mixed plan of apportionment to remedy a proven racial dilution by at_large elections

    Nevett v. Sides, 533 F.2d 1361 (5th Cir. 1976), 571 F.2d 209 (5th Cir. 1978), cert. denied 446 US 95 (1980) -- reapportionment of Fairfield

    Corder v. Kirksey, 585 F.2d 708 (5th Cir. 1978), 625 F.2d 520 (5th Cir. 1980), 639 F.2d 1191 (5th Cir. 1981), rehearing denied 688 F.2d 991 (5th Cir. 1982), cert. denied, 460 US 1013 (1983) -- reapportionment of Pickens Co. commission and school board

    Broadhead v. Ezell, 348 F.Supp. 1244 (S.D. Ala. 1972) -- reapportionment of Choctaw County Commission

    Cane v. Worcester County, Maryland, 35 F.3d 921 (4th Cir. 1994); 59 F.3d 165 (4th Cir. 1995) -- amicus curiae brief supporting use of cumulative voting as a remedy for racial vote dilution

    This entry was posted by Edward at 9:47 PM, 01 December 2005 | TrackBack (0)

    My Cases: Other Election and Voting Rights Cases

    Underwood v. Hunter, 604 F.2d 367 (5th Cir. 1979), 622 F.2d 1042 (5th Cir. 1980), 730 F.2d 614 (11th Cir. 1984), aff'd 471 U.S. 222 (1985) -- successful challenge of Alabama constitutional provision barring certain misdemeanants from voting

    Holt Civic Club v. City of Tuscaloosa, 525 F.2d 653 (5th Cir. 1975); 439 U.S. 60 (1978) -- challenge to police jurisdiction statutes

    Kiel v. Purvis, 510 So.2d 190 (Ala 1987) -- successful attack on local law restricting campaigning on election day

    Vintson v. Anton, 786 F.2d 1023 (11th Cir. 1986) -- successfully defended Democratic Party in Republican Party challenge to method of appointment of polling officials in Walker County

    Phillips v. Beasley, 78 F.R.D. 207 (N.D. Ala. 1978), rev. & rem. sub nom. Phillips v. Andress, 634 F.2d 947 (5th Cir B 1981) -- challenge to practice of allowing non_residents to vote in school board elections

    Creel v. Freeman, 531 F.2d 286 (5th Cir. 1976), cert. denied 429 US 1066 (1977) -- similar case to Phillips above

    Hobson v. Pow, 434 F.Supp. 362 (N.D. Ala. 1977) -- declared Alabama Constitutional provision disenfranchising “wife beaters” to be unconstitutional under the federal constitution

    League of Women Voters v. Renfro, 292 Ala 128, 290 So.2d 167 (1974) -- attacked Saturday closing of registrars

    Prigmore v. Renfro, 356 F.Supp. 427 (N.D. Ala.) (three judge court) aff'd 410 US 919 (1974) -- attacked limitations on availability of absentee ballots

    Whig Party v. Siegelman, 500 F.Supp. 1195 (N.D. Ala. 1980), injunction stayed pending appeal, appeal dismissed as moot (unreported) -- represented Alabama Democratic Party as amicus curiae in case challenging state election laws restricting nominations by small parties

    Harris v. Conradi, 675 F.2d 1212 (11th Cir. 1982) -- defended Democratic Party in unsuccessful challenge by Republican Party to state statute allowing unequal numbers of Republicans and Democrats to be appointed as election officials

    Harris v. Graddick, 593 F.Supp. 128, 601 F.Supp. 70 (M.D. Ala. 1984) -- represented Democratic Party (nominal defendants) in suit to reform method of selection of polling officials

    Newman v. Hunt, 787 F.Supp. 193 (M.D. Ala. 1992) -- attacked racial discrimination in gubernatorial appointment to fill vacancy on county commission

    This entry was posted by Edward at 9:44 PM, 01 December 2005 | TrackBack (0)

    My Cases: Credit Regulatory Laws

    Hagler v. Ford Motor Credit Co., 367 So.2d 468 (Ala Civ App 1978), 381 So.2d 80 (Ala Civ App 1980) -- Truth in Lending: Statute of Limitations, restrictions on counterclaims

    Fletcher v. Tuscaloosa Fed. S & L Ass'n, 294 Ala 173, 314 So.2d 51 (1975) -- application of usury statute to home mortgages

    Stephens v. Reynolds Securities, Inc., 413 F.Supp. 50, aff'd 532 F.2d 1053 (5th Cir. 1976) -- “truth in lending” regulation of SEC

    Haynes v. Bank of Wedowee, 634 F.2d 266 (5th Cir. 1981) -- Equal Credit Opportunity Act case

    Dennis v. Handley, 453 F.Supp. 833 (N.D. Ala. 1978) -- Truth in Lending case establishing application of law to pawnbrokers

    Pollock v. Birmingham Trust National Bank, 650 F.2d 807 (5th Cir B 1981) -- Truth in Lending case

    This entry was posted by Edward at 9:39 PM, 01 December 2005 | TrackBack (0)

    My Cases: Constitutional Challenges to Taxation

    Shell v. Jefferson County, 454 So.2d 1331 (Ala 1984) -- unsuccessful attack on increased sewer charges

    Eagerton v. Williams, 433 So.2d 436 (Ala 1983) -- represented amicus in class action seeking adjustment of taxes

    Weissinger v. White, 733 F.2d 802 (11th Cir. 1984) -- unsuccessful attack on Alabama statute providing for "current use" valuation of farm property.

    McCarthy v. Jones, 449 F.Supp. 480 (S.D. Ala. 1978) -- successful equal protection challenge to ad valorem taxation statute setting different rates in various counties

    This entry was posted by Edward at 9:38 PM, 01 December 2005 | TrackBack (0)


    The picture above was made in 1914 by the Birmingham Engraving Co. This reproduction is from the Library of Congress Prints and Photographs Division Washington, D.C. 20540 USA.

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    Birmingham AL 35209
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