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Mr. Bains' practice focuses primarily on complex civil litigation with an emphasis on class action litigation, punitive damages litigation, life insurance marketing litigation, antitrust litigation and business tort and commercial litigation. Mr. Bains regularly handles cases in all the federal courts in Alabama, has handled cases in virtually every county in the state of Alabama, routinely handles appeals to the Alabama Supreme Court and the Eleventh Circuit, and is frequently responsible for class action cases and complex litigation throughout the United States. Mr. Bains has appeared as an attorney of record in cases that have resulted in more than 75 published opinion. During the late 1980s and the 1990s, while Alabama was dubbed tort hell, Mr. Bains represented a wide range of Fortune 500 companies in hundreds of punitive damages and class action cases in the State of Alabama. During the last several years, Mr. Bains has handled a large number of class action and mass tort cases around the United States. Mr. Bains serves national class counsel for the life insurance companies of a Fortune 20 company. In the that role, he has defended class action litigation throughout the country, including cases in New Hampshire, New Jersey, South Carolina, Tennessee and Georgia. Recent Notable Litigation Obtained first complete litigation victory for any life insurance company in the Juvenile Smoker litigation that has been filed against many of the major life insurance companies. In the AIG/American General juvenile smoker purported nationwide class action in the Middle District of Tennessee, the district court granted the motion to dismiss as to three of the four counts of the complaint. Thompson v. American General, 404 F. Supp.2d 1023 (M.D. Tenn. Dex. 14, 2005). Following extensive discovery, the district court granted American General's motion for summary judgment on the remaining breach of contract claim. Thompson v. American General, 448 F. Supp. 2d 885 (M.D. Tenn. Sept 6, 2006). American General had filed its opposition to plaintiff's motion for certification of a nationwide class, but, the federal district court granted American General motion for summary judgment without reaching the class certification issue. The plaintiff voluntarily dismissed her Sixth Circuit appeal shortly before the scheduled oral argument. Although juvenile smoker class action litigation had been filed against several major life insurance companies, the Thompson case was the first complete litigation victory for any life insurance company in this litigation wave. Has handled a MDL proceeding involving several purported class actions, hundreds of lawsuits involving multiple plaintiffs and tens of thousands of claimants. In the course of that MDL proceeding involving race-based premium litigation, Mr. Bains obtained several significant litigation victories: Obtained affirmance by the Fourth Circuit Court of Appeals of the district court's denial of class certification as to the Pre-1982 Class. Hunter v. American General Life and Accident Insurance Company, 2004 WL 5231631 (D.S.C. Dec 2, 2004), aff'd, 2006 WL 3267346 (4th Cir. Nov 13, 2006) (Hunter I). Obtained denial of class certification as to alleged statistically discriminatory life insurance policies. In re American General Life and Accident Insurance Company, MDL No. 1429, C/A 3:01-5000 (D.S.C. March 9, 2007) (Hunter II). The Hunter I and Hunter II decisions were rare class action victories for the life insurance industry in the race-based premium litigation. The Fifth Circuit, several federal district courts, and a couple of state courts had essentially ruled that a class should be certified in race-based premium litigation against other life insurance companies. Obtained dismissal of Section 1982 claim, dismissal of several named class representatives based on Article III standing grounds and dismissal of vast majority of Section 1981 post-formation conduct claims based on the statute of limitations. Hunter v. American General Life and Accident Insurance Company, 375 F. Supp. 2d 442 (D.S.C. 2005). Obtained favorable ruling that earlier class action did not toll the running of the statute of limitations for subsequent class action. Hunter v. American General Life and Accident Insurance Company, 384 F. Supp. 2d 888 (D.S.C. 2005). Obtained a landmark ruling from the Alabama Supreme Court that the common law rule of repose barred all common law claims involving life insurance policies sold more than 20 years before the complaint was filed. American General Life and Accident Insurance Company v. Underwood, 886 So. 2d 807 (Ala. 2004). That favorable ruling: Effectively insulated the life insurance industry from common law liability for millions of life insurance policies sold in Alabama more than 20 years ago. Prompted plaintiffs' counsel to amend the complaints in more than 100 cases pending in Alabama state court to add Section 1981 and 1982 claims, thereby providing a basis for AIG/American General to remove the cases from the unfavorable Alabama state court forums and to have the cases transferred as tag-alongs to the MDL proceeding in South Carolina. Representative Cases: Holoway v. Protective Life Insurance Co., 2007 WL 2904162 (M.D. Ga. Oct. 3, 2007) (granting motion to dismiss purported nationwide class action involving alleged failure to refund unearned premium on credit life/credit disability insurance based on plaintiff's lack of Articale III standing) Thompson v. American General Life and Accident Insurance Co., 448 F. Supp. 2d 885 (M.D. Tenn. 2006) (summary judgement for insurer on breach of contract claim in juvenile smoker purported nationwide class action litigation), appeal dismissed based on plaintiff's motion for voluntary dismissal of appeal (6th Cir. Nov. 21, 2007) Thompson v. American General Life and Accident Insurance Co., 404 F. Supp. 2d 1023 (M.D. Tenn. 2005) (granting motion to dismiss as to three of four counts of complaint in purported nationwide class action in juvenile smoker litigation) Hunter v. American General Life and Accident Insurance Co., 2004 WL 5231631 (D.S.C. Dec. 2, 2004) (denial of class certification as to pre-1982 class in race-based premium litigation in MDL proceeding), aff'd, 2006 WL 3267346 (4th Cir. Nov. 13, 2006) American General Life and Accident Insurance Co. v. Underwood, 866 So. 2d 807 (Ala. 2004) (holding that all common law claims, relating to life insurance policies sold more than 20 years before complaint was filed, were barred by the rule of repose) Metropolitan Life Insurance Co. v. Glisson, 295 F.3d 1192 (11th Cir. 2002) (compelling arbitration of tort and contract claims bases on unsigned arbitration endorsement attached to a life insurance policy, but not specifically mentioned in the policy itself) Marshall v. American General Life and Accident Insurance Company, 174 F. Supp. 2d 709 (M.D. Tenn. 2001) (denying plaintfiff's motion to remand case removed on eve of trial from Alabama state court directly to Tennessee federal district court based on All Writs Act and federal court's retention of jurisdiction over earlier class action settlement) Bailey v. Allgas, Inc., 148 F. Supp. 2d 1222 (N.D. Ala. 2000) (granting motion to stricke competitor's expert report and opinion as to relevant geographic market and market power and granting defendant's motion for summary judgement as to plaintiff's Robinson-Patman Act claim) Gunn v. World Omni Financial Corp., 184 F.R.D. 417 (M.D. Ala. 1999) (vacating state court's conditional class certification order entered before removal and granting defendant's motion to dismiss purported class action without notice to the class) Chastang v. Metropolitan Life Insurance Company, 1996 U.S. Dist. LEXIS 22265 (S.D. Ala. March 7, 1996) (denying plaintiff's motion to remand purported nationwide class action that was removed pre-CAFA based on fraudulent joinder theory despite plaintiff's efforts to waive damages greater than jurisdictional minimum) Soap Company v. Ecolab, Inc., 646 So. 2d 1366 (Ala. 1994) (prospective recognition of competitor's privilege as companion doctrine to tortious interference with business relations) Williams v. E. F. Hutton Mortgage Corp., 555 So. 2d 158 (Ala. 1989) (affirming summary judgment for defendant/note-holder in purported statewide consumer class action alleging that real estate mortgage loans included excessive, non-refundable, prepaid finance charges and were unconscionable and usurious under Alabama law) Super Valu Stores, Inc. v. Peterson, 506 So. 2d 317 (Ala. 1987) (affirmance of what-was-then the largest jury verdict ever affirmed by the Alabama Supreme Court and what remains as the leading Alabama case on the standard for the recovery of lost profits for an unestablished business) L.A. Draper & Son, Inc. v. Wheelabrator-Frye, Inc., 454 So. 2d 506 (Ala. 1984) (adatement of plaintiff's state court complaint alleging unfair competition and related common law claims based on the plaintiff's filing of an appeal in the federal courts of the federal district court's dismissal of plaintiff's pendent unfair competition claim) Water Works Board of the City of Birmingham v. Barnes, 448 So. 2d 296 (Ala. 1984) (rejecting challenges to new water rate schedules) Collins v. Metropolitan Life Insurance Company, 727 F.2d 1402 (11th Cir. 1984) (affirming rare jury verdict for insurer in beneficiary's claim involving denial of accidental death benefits)
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