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Mr. Bolus has broad experience in commercial litigation, ranging from complex contractual disputes, business interference claims, and partnership disputes, to the defense of individual and class-wide insurance and annuity fraud cases, lender liability cases, and misappropriation cases. Much of his recent work has focused on the defense of insurance and annuity lawsuits and arbitration actions, including claims that policies were sold on a "vanishing premium" basis or as an investment, claims of churning and unsuitability, and claims of discriminatory pricing. He is also involved in the defense of certain products liability and warranty actions. Representative Cases: Achieved defense verdict in Clarke County, Alabama trial of insurance sales practice and servicing claims against insurance company. Achieved defense verdict in Walker County, Alabama trial of vanishing premium and tax fraud claims against insurance company. Successfully pursued interlocutory appeal of denial of summary judgment based upon failure of plaintiff to opt out of nationwide class action approved in State of New York, and achieved reversal of the trial court's order by the Alabama Supreme Court. The case established full faith and credit treatment of the class action settlement and order, and extinguished the claims of non-opt outs. New York Life Ins. Co. v. Robinson, 735 So. 2d 463 (Ala. 1999). Participated in the successful defense, on appeal to the Mississippi Supreme Court, of trial court's order dismissing case on statute of limitations grounds. The case resulted in a significant ruling clarifying Mississippi law barring claims of oral misrepresentation that are inconsistent with writings delivered at time of sale of insurance policies. Stephens v. The Equitable Life Assur. Soc. of the United States, 850 So. 2d 78 (Miss. 2003). Achieved directed verdict after four day NASD arbitration hearing on variable annuity suitability and fraud claims, based upon running of statute of limitations under federal and state securities laws, and common law of Mississippi. Obtained federal court temporary restraining order and subsequent preliminary injunction, both at contested evidentiary hearings, against registered representative and law firm, enjoining use of client list and other proprietary information of financial services firm and broker dealer. Successfully negotiated with combined federal and state prosecution team to avoid indictment of client in investment fraud investigation that had resulted in a number of criminal indictments and convictions of other parties. Outside the Office: Mr. Bolus' hobbies include reading, running, hiking, kayaking, and following college (and his children's) sports.
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