Wednesday August 20th, 2008      

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In The News

July 11, 2008


Hare, Wynn attorneys, Leon Ashford, Jim Thompson, Nolan Awbrey and Paul Byrd, filed a class action Complaint yesterday in Benton County, Arkansas. The Complaint claims damages on behalf of several hundred former customers of the ANB Bank, which was recently closed by the federal government. The closure was reportedly due to the Bank's mismanagement, which has led to the loss of millions of dollars in uninsured deposits.

Read the press release and Complaint.

Related documents - The Street article, Arkansas Online article, FDIC Failed Bank Info document and Birmingham News Article

June 26, 2008


Hare, Wynn partner Mike Ermert has been selected to serve as a member of the Board of Directors for the Alabama Association for Justice. Mr. Ermert follows in a long line of Hare Wynn attorneys who have served in the leadership of this organization.

May 8, 2008


$1.5 Million settlement in the Circuit Court of Shelby County arising from an automobile accident.

Read the Article...

April 28, 2008


$1.3 Million settlement in the Circuit Court of Jefferson County arising from an automobile accident.

Read the Article...

April 8, 2008


Fox 6 News Reports on a class action against RealtySouth for improperly charging a junk "ABC Fee" at closing in violation of the Federal Real Estate Settlement Procedures Act. This class action has been certified by the Federal Court and is being handled by Hare, Wynn attorneys Scott Powell, Bruce McKee, Don McKenna and Jamie Moncus on behalf of the thousands of class members who were charged the ABC Fee in connection with a federally related loan closing. Watch the News Story...

March 20, 2008


$1.75 million settlement with highway contractor over shoulder drop-off where plaintiff's vehicle flipped over causing bodily injuries. The Plaintiff was represented by Hare, Wynn attorneys John Haley and Don McKenna.

March 5, 2008


Federal Court certifies class action against RealtySouth. Plaintiffs, represented by HWNN attorneys Scott Powell, Bruce McKee, Don McKenna and Jamie Moncus, allege that RealtySouth violated the Real Estate Settlement Procedures Act ("RESPA") by charging customers a so-called "ABC Fee" at closing, for which RealtySouth performed no service. RESPA was enacted by Congress in order to protect consumers from predatory junk fees at home loan closings.

Read the Eleventh Circuit Court of Appeals Opinion...

December 21, 2007


Hare, Wynn, Newell & Newton lawyers Jim Thompson and Matt Minner to represent family in natural gas pipeline explosion.

The family of fatally injured Corbin Fawcett, 47, of Haleyville, Ala., hired the Birmingham-based law firm of Hare, Wynn, Newell & Newton, LLP, today to represent them in a lawsuit they intend to file against Houston-based Columbia Gulf Transmissions, a subsidiary of energy company NiSource, Inc.

Read the news release...

December 14, 2007


The Birmingham Bar Association has named Hare, Wynn, Newell & Newton attorney Alex Newton as it's 2008 Lawyer of the Year. In addition, he was honored for 50 years in the practice of law.

Read the news release...
Read the Birmingham News article...

December 7, 2007


Hare, Wynn, Newell & Newton attorneys achieve $1,850,000 settlement against Ford dealership. Hare, Wynn attorney Matt Minner along with Jim Pratt successfully concluded a lawsuit on behalf of a 63 year old man who sustained a severe pancreatic injury due to the faulty repair of a Crown Victoria.

Read the article...

November 15, 2007


Hare, Wynn attorneys achieve a multi-million dollar settlement for a client burned by highly specialized industrial fuel. Don McKenna, Paul Byrd and Scott Powell along with co-counsel Mike Easley and Jerry Kelly handled the case in which an explosion and fire burned the young father of three children over 40% of his body.

[ Read the article. ]

September 24, 2007


The following article clarifies a previous story that outlined the benefits of class action litigation over individual case filings, particularly related to the genetically modified rice cases against Bayer CropScience and Riceland Foods. Delta Farm Press Reporter David Bennett acknowledges in his subsequent story that he did not have all of the information he needed to prepare the original article and thus omitted the value of the filings by Hare, Wynn, Newell & Newton. The merits of filing individual lawsuits in the GM Rice cases follow.

[ Read the article. ]

September 1, 2007


Hare, Wynn attorney Matt Minner is representing the family of Huntsville Police Officer Daniel Golden in Beretta jamming lawsuit.

[ Read the article. ]

August 21, 2007


$18 Million Settlement Approved for Class Action Filed Against TVA. A Federal District Court in Alabama approved an $18 million settlement on Monday, August 20, 2007, in a class action lawsuit that was filed against the Tennessee Valley Authority (TVA) on August 31, 1999, on behalf of approximately 350 industrial electricity customers. The power customers were represented by two Birmingham, Alabama, law firms: Hare, Wynn, Newell & Newton, LLP, and Burr & Forman, LLP.

[ Read the Press Release ]

July 12, 2007


The federal government has paid an Arkansas family represented by Hare, Wynn attorney James Thompson, Jr. $5 million to settle a would-be lawsuit over a Jan. 18, 2005, midair collision between a crop-duster and an Air Force training jet.

Read the [ Article ]

July 2007


Hare, Wynn attorney James Thompson, Jr. spotlighted in the Birmingham Magazine.

Read the [ Article ]

June 19, 2007


Bayer testing second type of modified rice in Arkansas. The company whose genetically engineered rice is at the center of an ongoing government investigation - and has disrupted U.S. rice exports - has been quietly testing another transgenic variety in Arkansas.

Read the [ Article ]

March 29, 2007


UAB Pre-Law Trial By Fire Chili Cook-Off. HWNN supported UAB's Pre-Law Program by contributing to their annual "Trial By Fire Chili Cook-Off". The event was held on March 29, 2007 at AmSouth/Harbert Plaza. UAB Pre-Law Students (left to right): Joshua Carden, Aiyana Marshall and Andrew Jenkins prepared chili submitted on behalf of HWNN. This event raised around $19,000.00 for UAB's Department of Justice Sciences.

February 20, 2007


James R. Pratt III was inducted as a Fellow of the Alabama Law Foundation recently. Membership in the foundation is limited to one percent of the State Bar membership and is reserved for those who have made outstanding contributions to the legal profession and community.

Read the [ Press Release ]

January 11, 2007


Six Hare, Wynn, Newell & Newton Lawyers named as the Best Lawyers in America for 2006-2007.

Receiving this honor were partners: Alex W. Newton; James J. Thompson, Jr.; D. Leon Ashford; Scott A. Powell; James R. Pratt, III; and, S. Shay Samples.

Read the [ Press Release ]

January 5, 2007


SCCI pays United States and whistle blowers more than $7.5 million to settle Kickback and False Claims Act violations.

The $7.5 million payment, along with additional payments for attorney's fees and retaliatory discharge damages, resolves allegations that SCCI paid physicians, in part, to refer patients to its long term acute care facility in Houston, Texas. The five whistle blowers in the case were represented by Hare Wynn Attorneys Don McKenna and Scott Powell along with co-counsel at Volkama Thomas.

Read the [ Press Release ]

November 30, 2006


Scrushy will repay $31 million bonuses

Richard Scrushy has agreed to give back to HealthSouth Corp. $31 million in bonuses he was paid while leading a company that perpetrated a $2.7 billion accounting fraud.

Read the [ Birmingham News article ]

The Tucker case is a shareholder derivative action. The Tucker plaintiffs were represented in the Alabama Supreme Court by the following lawyers: John W. Haley, Ralph D. Cook, Bruce J. McKee and Michael D. Ermert. Read [ more ]

October 28, 2006


Alabama Supreme Court Ruling means Scrushy must repay $47.8 million.

The Alabama Supreme Court said Friday it won't reconsider an earlier ruling on Richard Scrushy's bonuses, clearing the way for lawyers to collect a $47.8 million judgment, plus interest, from the former HealthSouth Corp. chief executive.

Read the [ Bham News article ]

October 2006


Hare Wynn attorneys secure $2.1 million False Claims Act Settlement for The United States and Whistleblower Client.

HWNN attorneys Don McKenna and Scott Powell represented a former Omni Healthcare physician against Omni Healthcare P.A. The allegations of the physician / whistleblower were that Omni falsely billed Medicare and Tricare for office visits in conjunction with laboratory tests, immunizations and other services. After investigating the allegations, the United States Department of Justice intervened in the action. The case was settled for $2.1 million plus statutory attorneys' fees and expenses. The physician / whistleblower was awarded a percentage of the recovery under the False Claims Act.

August 30, 2006


Hare, Wynn files suit for Arkansas Rice Farmers against Stuttgart-based Riceland Foods Inc. and several affiliates of the German conglomerate Bayer AG over genetically engineered rice.... read the full article

August 25, 2006


On August 25, 2006, a unanimous Alabama Supreme Court affirmed a $47.8 million judgment against former HealthSouth CEO Richard M. Scrushy. In January 2006, the Jefferson County Circuit Court rendered a summary judgment against Scrushy requiring him to return to HealthSouth Corporation certain bonuses received by Scrushy for years 1997 through 2002.

The courts relied upon the doctrine of unjust enrichment and held that it would be unjust for Scrushy to retain these bonuses because it is now undisputed that HealthSouth lost money during those years due to rampant accounting fraud. HealthSouth’s public filings with the Securities and Exchange Commission (SEC) declared that incentive bonuses would be paid to executives only if “annual net income exceeds budgeted net income.” Based upon HealthSouth’s restated earnings reports, it is now a known fact that HealthSouth had no net income during 1997-2002, when Scrushy was paid bonuses totaling over $36 million.

Today’s 27-page Alabama Supreme Court opinion was authored by Associate Justice Champ Lyons, Jr., for a unanimous 9-0 Court. At pages 25-26, the Court wrote: “Scrushy was unjustly enriched by the payment of the bonuses, which were the result of the vast accounting fraud perpetrated upon HealthSouth and its shareholders, and ... equity and good conscience require restitution in the form of repayment of those bonuses. ... [I]t would be unconscionable to allow Scrushy to retain millions of dollars awarded to him in the form of bonuses at the expense of the corporation he served as chief executive officer and its shareholders.” A copy of the opinion is attached.

The January 2006 judgment of approximately $47.8 million included pre-judgment interest. With post-judgment interest of 12% per annum accruing daily, the judgment against Scrushy now totals over $51.5 million. Scrushy has 14 days to apply to the Alabama Supreme Court for a rehearing or the judgment will then become final after the passage of the 14-day period.

The legal citation to the Alabama Supreme Court opinion is Scrushy v. Tucker, So.2d , No. 1050564 (Ala. Aug. 25, 2006). The trial court’s January 3, 2006, judgment was rendered in Wade Tucker, et al. v. Richard M. Scrushy, et al., CV-02-5212, Jefferson County Circuit Court, Alabama.

The Tucker case is a shareholder derivative action. The Tucker plaintiffs were represented in the Alabama Supreme Court by the following lawyers:

John W. Haley
Ralph D. Cook
Bruce J. McKee
Michael D. Ermert

Read the [ Supreme Court Opinion ] [ Press Release ]

Summer 2006


Hare, Wynn Attorney and former Alabama Supreme Court Justice Ralph Cook succeeds Hare, Wynn Attorney Scott Powell as President of the Alabama Trial Lawyers Association. Justice Cook is the 9th member of the firm to have served as President of the Association.

July 31, 2006


The firm recently concluded a lawsuit against PFI Transport, Inc., Poly-Foam International, Inc., and William Terrell Leaman. On October 11, 2004, Cherie Mae Justus, a 64 year old mother and grandmother was stopped on Alabama Highway 75 near Fyffe, Alabama, waiting for the vehicle in front of her to make a left hand turn. Alabama Highway 75 is a two lane country road with a posted speed limit of 55 miles per hour. As Mr. Leaman approached Ms. Justus from the north on a bright sunny afternoon, the roadway is straight and level for almost a half-mile. Without applying his brakes or making any apparent effort to avoid a collision, Mr. Leaman's tractor trailer truck struck the rear of Ms. Justus' F-10 pick-up at 60 miles an hour. The tractor rolled on top of the pick-up truck, pushing it across the oncoming lane and 300 feet down the roadway. Mr. Leaman told witnesses at the scene that he never saw either of the vehicles in front of him. He later gave statements to the Alabama State Troopers indicating he saw both vehicles stopped ahead of him and assumed they would get out of the way before he reached them. He also claimed that there were no visible turn signals or brake lights on either vehicle. Testing by the State Troopers indicated that brake and tail lights on both vehicles were on and working at the time of the collision.

Numerous depositions of witnesses and first responders were taken to determine what actually happened. The traffic homicide report from the Department of Public Safety concluded that the crash occurred because Mr. Leaman did not have his full attention on the roadway in front of him and waited until it was too late to react to the stopped vehicles in front of him. All of the eye witnesses, including a professional truck driver, testified that Mr. Leaman was traveling at a high rate of speed and was not going to be able to stop as he closed upon the rear of Ms. Justus' vehicle. A deposition was also taken of the corporate safety director. Unbelievably, he blamed the collision on Ms. Justus and the vehicle in front of her, alleging that they had already been involved in a rear-end collision. He also stated that Mr. Leaman had done everything he could do to avoid the accident and that his company had not charged Mr. Leaman with having a "preventable accident" as that term is defined by DOT regulations. This is a classic example of the new defense approach to cases of clear liability - - blame the plaintiff and hope the jury buys into the story.

The case was filed in the United States District Court for the Northern District of Alabama and assigned to Chief Judge U. W. Clemon. It was mediated on two separate occasions by Marty Van Tassel and ultimately settled for $3.9 Million. Ms. Justus was the mother of four adult children, all of whom reside in the Midwest.

The lawsuit was handled by Hare, Wynn partners, Leon Ashford and Ralph Cook.

July 9, 2006


Hare, Wynn recently concluded a lawsuit against Thornton Drilling Company and Stephens Production Company, arising out of the death of 28-year old Erick Stricklin. Mr. Stricklin was killed as a result of an explosion that occurred while he was working as a derrick hand on a land-based natural gas drilling rig. As a result of the explosion, Mr. Stricklin was engulfed in flames. The fire burned through his safety belt, causing him to fall some 60 feet to the ground. Witness evidence and forensic examination proved that Erick survived for some period of time after the fall.

Numerous depositions, as well as the retention by Hare, Wynn of several renowned experts in the field of Oil and Gas Exploration, proved that the explosion was the result of reckless and faulty drilling procedures. Hare, Wynn alleged that the practice of "drilling on mud" should have been used, once it was determined that the pressure in the drilling hole was increasing to levels that were causing water to propel some 50 to 60 feet out of the ground. The evidence uncovered in the case showed that drilling on mud would have prevented the horrific incident, but that the decision to do so was at the sole discretion of the owner of the drilling rig, Stephens Production.

Erick Stricklin is survived by his wife, the mother of two young girls. Through the resolution of the lawsuit, Erick's family is guaranteed several million dollars, comprised of initial cash payments as well as periodic payments for the rest of their lifetime.

The lawsuit was handled by Hare, Wynn partners, Jim Thompson and Nolan Awbrey.

Apr 18, 2006


Summary Judgment Granted in Firm's Case Against TVA. On April 18, 2006, United States District Judge Virginia Hopkins granted summary judgment on liability in favor of Johns Manville Corporation as to its claims on behalf of a class of nearly 400 industrial customers of the Tennessee Valley Authority (TVA). Hare Wynn attorneys, working alongside another Birmingham law firm, claimed that TVA breached its contracts with certain industrial customers during the summer of 1998 by adding a charge which was not provided for in the contract. This resulted in more than $40 million in overcharges to TVA customers. The Court will now set a schedule for a trial to establish the appropriate measure of damages, including interest accrued on the overcharge since the time of the breach.
Read the [ Knoxville News article ] [ TVA Judgement Order ] [ TVA Memorandum of Decision ]

Apr 10, 2006


Hare, Wynn attorney Scott Powell is honored as President of the International Society of Barristers. The International Society of Barristers is an honor society of outstanding trial lawyers chosen by their peers on the basis of excellence and integrity in advocacy. It seeks to preserve trial by jury, the adversary system, and independence of the judiciary. The Society has Fellows from every state, the District of Columbia, Puerto Rico, and the Virgin Islands, and from Australia, Canada, England, Scotland, and Mexico. [ Birmingham News Article ]

Jan 13, 2006


Hare Wynn attorney Scott Powell is named Chairman of the Taxpayer's Against Fraud President's Council. TAF is a nonprofit public interest organization dedicated to combating fraud against the Federal Government through the promotion and use of the federal False Claims Act and its qui tam whistleblower provisions. To learn more about TAF click here. To learn more about the False Claims Act, click here.

Jan 5, 2006


Hare, Wynn obtains $48 million judgment against Richard Scrushy on behalf of HealthSouth shareholders. On January 3, 2006 the Jefferson County Circuit Court ordered Richard Scrushy to repay $48 million he earned from 1997 to 2002 at HealthSouth because the bonuses were based upon bogus financial numbers. The case is one of the first in the country to hold that an executive was unjustly enriched by bonuses based upon fraudulent financial numbers. Hare, Wynn attorneys John Haley, Ralph Cook, and Bruce McKee serve as counsel in this groundbreaking litgation. Read the Birmingham News Articles. 1-4-06 1-5-06

Jan 4, 2006


Hare, Wynn attorney and former Alabama Supreme Court Justice Ralph Cook has been asked to mediate the dispute between the Birmingham Race Course and Jefferson County Sheriff Mike Hale over the legality of sweepstakes machines. [ Read the Birmingham News Story ]

Oct 1, 2005


Hare, Wynn Partner Scott Powell has been elected as the current President of the Alabama Trial Lawyers Association. Scott is a 1978 graduate of the Cumberland School of Law, cum laude. He is the First Vice president of the International Society of Barristers, a fellow of The American College of Trial Lawyers and listed in the Best Lawyers in America. Scott is the eighth Hare, Wynn lawyer to serve as President of the Alabama Trial Laywers Association since our founding partner, Francis Hare served as the first President of the Alabama Trial Lawyers. Hare, Wynn is also pleased to have partner Ralph Cook serving as President Elect of the Alabama Trial Lawyers and partner Clark Mason serving as President Elect of the Arkansas Trial Lawyers Association. [ ATLA Cover ]

August 1, 2005


Hare, Wynn, Newell and Newton attorneys Matt Minner and Ralph Cook have reached a substantial settlement with a trucking company over the death of a seven year old girl and injuries to her parents and two year old sister. Kenneth and Aundria Jackson of Montgomery, Alabama were on their way home from a family vacation at the beach with their two children, seven year old Faith, and two year old Grace, when an H.D. Edgar Trucking Company tractor trailer veered into their lane and struck the family's 1999 Toyota SUV. [read more]

July 26, 2005


Lawyers representing HealthSouth Corporation as a derivative plaintiff, including Hare, Wynn, Newell and Newton attorneys John W. Haley, Ralph D. Cook and Bruce McKee, obtained a judgment against Richard Scrushy, former Healthsouth Corporation Chief Executive for a $25.2 million loan he received from the corporation in September of 1999 used to purchase nearly 4.4 million HealthSouth shares. In July, 2002 Scrushy repaid the loan with 2.5 million shares with a value at that time of $25.2 million. The stock, however, was overvalued because of fraud at the company. Through an agreement, Scrushy recently paid the Corporation $17.1 million in cash to settle the debt. Read the AL.com article.

July 22, 2005


Hare, Wynn reaches $42.5 million settlement for 84 Arkansas farmers in their lawsuit against Tyson for fraud and promissory estoppel stemming from Tyson's sudden pull out of the hog growing business in 2002. The suit was handled by Hare, Wynn lawyers Jim Thompson, Nolan Awbrey and Clark Mason with support from the entire firm. This victory and settlement allows the farmers to obtain relief from the financial stress caused by the sudden pull out and move forward with their lives. Read the Birmingham News Story. Read the Russellville Courier News

July 6, 2005


Hare, Wynn, Newell and Newton LLP seeks to have the Jefferson County Circuit Court Order Richard Scrushy to repay $46.7 million in bonuses paid on profits that never existed. The new filing is based on recently published HealthSouth financial statements and seeks to have the money returned to shareholders. Read the Birmingham News Story...

June 8, 2005


After waiting 3 years for a decision, Hare, Wynn's client is awarded $4.9 Million in Stock Options arising out of a suit for breach of contract and fraud against Caremark RX, Inc. Part of the suit was tried to a $3.8 million jury verdict in February 2002 that was finally affirmed by the Alabama Supreme Court in May of 2004.  The client, attorney Jay Johnston is represented by Hare, Wynn attorneys John Haley, Ralph Cook, Bruce McKee along with co-counsel John Sommerville. [Read the Order]

April 2005

Suit: Whistleblower represented by Hare, Wynn recovers award in $3.9 Million False Billing Settlement with UAB. A former UAB researcher represented by Hare, Wynn attorneys James Pratt and Don Mckenna along with co-counsel Mark White and Augusta Dowd alleged that UAB submitted false information on grant applications and double billed on certain federally funded research projects. The $3.9 million settlement between the Department of Justice and UAB concludes the suit and pays a whistleblower award to both the former researcher and a co-relator who was a former compliance officer at UAB. Read the Press Releases...

United State's Attorney's Press Release

DOJ Press Release

January 2005


Suit: $4.8 Million Dollar Settlement for Man who Died while Saving a Drowning Girl. Hare, Wynn partners Jim Thompson, Clark Mason and Nolan Awbrey, recently negotiated a $4.8 million dollar settlement on behalf of the family of Don King.  Mr. King died in Lake Hamilton, just outside of Hot Springs, Arkansas, while saving the life of a 9 year old little girl who was drowning.   [Full Story]

January 2005


Suit: Lawsuit filed for one year old's death. A lawsuit was recently filed by Hare, Wynn attorneys Nolan Awbrey and Shay Samples on behalf of one year old Charlie Newcomb.  The suit claims Charlie's death was the result of medical malpractice...   [Full Story]

January 2005


Suit: Settlement for paralyzed victim of gas explosion. Hare, Wynn attorneys Jim Thompson and Nolan Awbrey recently completed a case involving a 29 year old man who was permanently paralyzed when a gas pipeline ruptured, causing a massive escape of natural gas.  [Full Story]

October 2004


Suit: Cintas scheme led to bankruptcy. A bankruptcy trustee investigating a failed Randolph County apparel company claims he's uncovered evidence that some company leaders committed fraud when they hatched a scheme with a competitor that led to the company's demise...[Full Story]

September 2004


HARE, WYNN CLIENT FINALLY COLLECTS MORE THAN $5.5 MILLION JUDGMENT AGAINST MEDPARTNERS, INC....[Full Story]

September 2004


United States Intervenes in Whistleblower Suit Against Mississippi Baptist Health Systems . In the False Claims Act complaint, the United States alleges that Baptist Health Systems paid kickbacks to area doctors in exchange for patient referrals that helped the Jackson hospital illegally obtain $38.6 million from the federal Government. The whistleblower is represented by Hare, Wynn attorneys Don McKenna, Scott Powell and Jamie Moncus. Under the False Claims Act a successful False Claims Act whistleblower may receive 15 and 25% of the recovery when the government intervenes. Full Story....[Full Story]

June 2004


Hare Wynn attorney to lead ATLA
Scott Powell, a partner with Birmingham law firm Hare Wynn Newell & Newton LLP, has been named the next president of the Alabama Trial Lawyers Association.... [Full Story]

May 2004


The Supreme Court of Alabama affirmed the February 21, 2002 judgment on a jury verdict of the Circuit Court of Jefferson County in the amount of $4,262,672.75 in favor of HWNN client J. Brook Johnston and against Caremark RX, Inc, formerly known as Medpartners, Inc. Johnston, former Legal Counsel for Caremark sued for breach of contract claiming severance benefits from his employment contract when Caremark refused to pay the sum due to him on termination of his employment. In addition, Johnston sued for fraud, claiming then Chief Executive Officer, Richard Scrushy, falsely represented to him that if Johnston remained as Legal Counsel to the company, Scrushy would see that the terms of his employment contract were honored. [Full Story]

May 2004


Hare, Wynn attorney Shay Samples wins record jury verdict for clients who lost their one year old child as a result of medical negligence. The Huntsville jury awarded the family of the deceased child $2 million - a record verdict for Madison County. The case was based upon the physician's negligent failure to treat the child's severe croup. The physician negligently failed to admit the child to the ICU for treatment. Instead, the physician released the child to go home and the child died an hour later...[Full Story]

May 2004


Hare, Wynn attorneys Leon Ashford and Ralph Cook secure $5.5 million settlement for clients in a tractor - trailer wrongful death suit... [Full Story]

March 2004


Hare, Wynn Whistleblower Client Receives Settlement With Former Employer Under The False Claims Act. The $425,000 settlement resolves claims that Sungard EBS falsely inflated its time records on a software implementation contract for The Federal Thrift Board. The Whistleblower will receive $85,000 of the settlement under the Act. The case was handled by Hare, Wynn attorneys Don McKenna and Scott Powell. Read Department of Justice Press Release.

February 2004


Arkansas Supreme Court Upholds Lower Court Ruling,
Hog Farmer Case To Go Before Jury

[view press release] [view article]

February 2004


Arkansas Supreme Court Hears Arguments on Arbitration Issue Between Hog Farmers and Tyson. [view press release]

November 2003


Hare, Wynn partner Scott Powell establishes scholarship in Trial Advocacy at the Cumberland School of Law, Samford University.[Full Story...]

November 2003


Scrushy is ordered to repay $25 million to HealthSouth shareholders.
HWNN, along with co-counsel John Sommerville, represent HealthSouth shareholders in a class action suit against Richard Scrushy seeking disgorgement of his ill-gotten profits. The $25 million is part of the suit.....[Full Story]

October 2003


HWNN attorneys John Haley, Ralph Cook and Bruce McKee represent shareholders suiing Caremark, AIG Insurance and others for fraud in connection with the settlement of the 1999 Medpartners shareholder actions. The suit seeks $3.2 billion based upon fraudulent representations to the plaintiffs and the court and fraudulent concealment of an unlimited policy of insurance covering the former shareholder litigation. [Full story...]
[view complaint]

August 2003


Former Tyson Hog Farmers gather to mark the one year anniversary of filing their lawsuit against Tyson
[Full Story...]

August 2003


Court orders Eric Robert Rudolph to Pay $115 Million to bombing victim Emily Lyons. Ms. Lyons is represented by Hare, Wynn attorneys Scott Powell and Ralph Cook.
[Full Story...] [View Order....]

May 2003


$500,000 awarded to Hare, Wynn clients in medical malpractice verdict…..
Jefferson County jury returned a $500,000 verdict for Hare, Wynn clients against Brookwood Hospital. Hare, Wynn attorney Nolan Awbrey represented a client and her husband who had an 18 inch lap pad left inside her body during a C-Section delivery of the couple’s second child...
Full Story...

April 2003


Microsoft agrees to settle Florida Anti-Trust and Deceptive Trade Practices Case for $202 million. Hare, Wynn is co-counsel to the Plaintiffs' class. [Full Story...]

March 2003


Scott A. Powell elected Secretary-Treasurer by The Board of Governors of the International Society of Barristers for 2003-04....
Full Story...

February 2003


Court finds Tyson Arbitration Provision not Enforceable
[Court Order]

January 2003


$2 Million Awarded in Surgery Verdict
Hare, Wynn attorneys win $2.4million jury verdict for clients in a malpractice trial.
Full story...

October 2002


Farmers say Arbitration Clause Not Enforceable
In the pork farmers litigation, Hare, Wynn has filed a response to Tyson's Motion to Compel Arbitration stating that the arbitration clause is not enforceable because it lacks mutuality of obligation. Full story...

September 2002


Judge allows Florida case against Microsoft to proceed as a class action. Hare, Wynn is co-council representing Florida residents who purchased MS-DOS, Windows 95, Windows 98, Microsoft Office, Microsoft Word or Microsoft Excel after Nov.15, 1995. The suit alleges Microsoft violated the state unfair trade practices law with an anti-competitive approach to sales of its operating system and applications software. [Full Story...]

September 2002


Alabama Realtors Resolve Insurance Dispute
Hare, Wynn partner Nolan Awbrey recently concluded representation of the Alabama Association of Realtors arising out of a defunct self-funded health insurance plan. The Association, a 10,000 member group comprised mostly of Alabama real estate agents, suffered significant losses after entering into an agreement with HealthStrategies, Inc., an Alabama third-party administrator. The plan was to be secured by adequate re-insurance so as to protect against inaccurate actuarial projections, but unfortunately, certain representations made about how the re-insurance would perform turned out to be false and misleading.

September 2002


Pork Producers File Suit Against Tyson
Russellville, Ark. (Sept. 12, 2002) -- At least 80 separate Arkansas and Oklahoma hog growers who previously produced live hogs for Tyson Foods Inc. filed a lawsuit today in Pope County Circuit Court for undetermined damages arising from the financial and emotional collapse of their farming operations. Citing Tyson's abandonment of its hog farmers, disregard for their corporate responsibility and the devastation the profit-driven decision has and will cause, attorney James J. Thompson, Jr. and Clark W. Mason of Hare Wynn Newell & Newton Law Firm elaborated on the case at a meeting this afternoon at the Hampton Inn in Russellville.

March 2002


Woman sues drug store, says wrong medicine given
HWNN attorney Shay Samples has filed suit on behalf of a woman who was given the wrong eye drop prescription by her pharmacy. The suit alleges that Walgreen's gave her eye drops with steroids when the prescription was for non-steroidal eye drops. The steroids allegedly caused permanent optic nerve damage leaving her legally blind in one eye.

February 2002


Lawsuit Filed Against Georgia Tri-State Crematory
A lawsuit is being filed on behalf of two Birmingham area residents who have been affected by the activities of Tri-State Crematory in Walker County, Georgia.

$3.8 Million Verdict Against Caremark Rx Inc.
A Jefferson County jury Wednesday handed down a $3.8 million verdict against Caremark Rx Inc., in a fraud and breach of contract lawsuit filed by a former executive.

December 2001


Recalled Tires reported sold
Hare, Wynn, Newell & Newton attorney Mike Ermert is representing a plantiff who discovered that the tires purchased for a vehicle were really recalled Bridgestone/ Firestone tires that had been altered. Full Story...

Stockbroker Litigation
Hare, Wynn, Newell & Newton attorneys, Nolan Awbrey and Jim Thompson, recently completed the representation of 40 clients who maintained millions of dollars in their IRA accounts and other investment accounts, through a stockbroker with a prominent brokerage firm.

Automobile Battery Litigation
Hare, Wynn, Newell & Newton attorneys, Jim Thompson and Nolan Awbrey, recently concluded a lawsuit on behalf of the citizens of the State of California. The lawsuit was filed under the "Private Attorney General" statute in California, a law designed to prevent fraudulent and unfair business practices on the general public.

October 2001


Building a Church
During the week of October 29th, Hare, Wynn attorney, Don McKenna, traveled with a group of 22 men to build a church in Southern Arizona along the Mexican border.

February 2001


Hare, Wynn, Newell & Newton is pleased to announce the association of former Alabama Supreme Court Justice RALPH D. COOK as an attorney with the firm.


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