Areas of Practice

Areas of Practice

Areas of Practice

Friedman, Dazzio & Zulanas, P.C. offers a wide array of services to its clients. While our primary focus has always been civil litigation, Friedman also offers business counseling and transactional expertise. Friedman clients are diverse and include large publicly held corporations, insurance companies, small and medium sized local businesses, and individuals. We work in the areas of commercial litigation, products liability, personal injury defense litigation, medical malpractice defense litigation and other professional liability, trucking litigation, insurance coverage litigation, employment litigation, and other matters. We work with our business clients and provide day to day counseling to help our clients navigate in today’s complex business world. Our members are active in state, local, and national professional activities and associations in which its clients are active. Firm members participate as faculty in continuing legal education programs and seminars and participate in and support civic work.

LITIGATION

Friedman attorneys confidently navigate their clients through any dispute process and have done so in numerous courts, arbitrations, venues and locales. We believe in zealous advocacy on behalf of our clients. We are proud of our record of representation of our clients in disputes played out in federal and state courts not just in Alabama, but throughout the country. Further, we have represented clients in practically all alternative dispute resolution forums available.

 

If you would like to discuss a litigation matter with our firm, please contact Jeffrey E. Friedman.

INSURANCE COVERAGE

Insurance_AttorneysFriedman is recognized for its expertise in the area of insurance law. It numbers among its clients some of the largest insurance carriers in the country. For these clients, we provide detailed coverage opinions and file declaratory judgment actions for the determination of insurance coverage. Friedman, Dazzio, Zulanas & Bowling has defended numerous breach of contract and bad faith claims against insurance carriers. Its attorneys are equally adept at fighting for its business and corporate clients when insurance coverage becomes an issue.

 

If you would like to discuss an insurance coverage matter with our firm, please contact James W. Moss.

COMMERCIAL TRANSACTIONS

Friedman has represented clients through the negotiation and closing of large commercial transactions, including sales and purchases of businesses, joint ventures, licensing agreements, franchising agreements, and other transactions. If disputes arise for our clients, we combine our knowledge of complex commercial transactions with our expertise in litigation. Friedman attorneys are equally adept at pressing our clients’ contractual claims or defending against such claims.

 

If you would like to discuss a commercial transaction matter with our firm, please contact Lee T. Patterson.

 

EMPLOYMENT LAW

Friedman offers its business clients guidance and support in dealing with employment issues. Our attorneys advise clients on policies and procedures, employee handbooks, how to avoid employment litigation and any other area necessary to prevent employment problems or litigation. If litigation arises, Friedman combines its expertise and employment law with its litigation speciality to provide our clients with an aggressive defense.

 

If you would like to discuss an employment law matter with our firm, please contact P. Thomas Dazzio, Jr.

 

ENVIRONMENTAL LAW

Friedman attorneys have extensive experience prosecuting and defending environmental litigation matters. Friedman also offers its business clients guidance and support in dealing with numerous environmental regulatory and compliance issues. Our attorneys have represented clients in environmental disputes in federal and state courts all over the country. Our attorneys have also represented clients in environmental proceedings before the Judicial Panel of Multi-District Litigation (“JPMDL”).

 

Friedman has been successful in a wide variety of environmental litigation matters, including multiple jury trials in multiple states. Recent representative matters include:

 

  • Helped one of the largest rural water providers in the State obtain a new reverse osmosis treatment plant which has been engineered, constructed and paid for without the use of taxpayer money. FDZ is also representing municipalities and water districts in ongoing PFAS related litigation in Alabama, Georgia and other states.
  • Represented one of the nation’s largest aggregate and cement producers against claims of property damage and personal injury allegedly caused by pollution from their quarry;
  • Represented and counseled businesses in regulatory and compliance matters and enforcement actions with state and federal environmental regulatory agencies;
  • Defended mass tort claims in Bessemer, Alabama for mines producing coal at the State’s largest surface coal mine;
  • Defended mass tort claims based on crystalline silica dust exposure from quarry operations ending with judicial dismissal of claims for lack of evidence;
  • Represented and defended numerous businesses in mass tort environmental litigation against claims of property damage and personal injury including commercial manufacturing, mining and groundwater contamination claims;
  • Represented businesses and individuals against the nation’s largest public utility for damages caused by the largest industrial spill in U.S. history. Jeff Friedman served as lead trial counsel in a six and a half week liability trial that resulted in a successful liability judgment for their clients and a $27.8 Million Dollar settlement;
  • Represent businesses and individuals against one of the six oil and gas “supermajors” for damages caused by the largest accidental marine oil spill in the history of the petroleum industry. Our lawyers have settled numerous cases resulting from the toxic spill in excess of $50 Million Dollars;
  • Represented businesses, individuals and a municipal entity against a manufacturing plant that repeatedly emitted carbon black pollution onto nearly properties and businesses. After a ten-day trial, where Jeff Friedman served as the co-lead trial counsel, an Alabama jury returned a verdict in favor of the property owners and businesses in the amount of $20.7 Million Dollars. This is the largest environmental verdict ever affirmed by the U.S. 11th Circuit Court of Appeals; and
  • We are currently representing property owners in a non-litigation gas and diesel spill by Plantation pipeline relating to clean-up, remediation and environmental impact issues.

 

If you would like to discuss an environmental litigation matter with our firm, please contact Matt D. Conn.

INTELLECTUAL PROPERTY

tmFriedman attorneys have extensive experience in prosecuting and defending intellectual property matters, as well as filing and securing intellectual property rights.  Our attorneys have significant experience prosecuting and defending trademark and copyright infringement cases, franchise disputes, misappropriation of trade secrets cases and many other claims relating to intellectual property. Our experience includes securing temporary restraining orders, and preliminary and permanent injunctions which are commonly sought in intellectual property matters. We have also represented clients in proceedings before the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (“TTAB”).

 

In addition to litigation, we have filed numerous trademarks and copyrights for our clients. We work to identify and secure the proper types of intellectual property for our business clients as well as clients who work in the sports and entertainment industries, including many athletes and coaches.

 

Friedman has been successful in a wide variety of intellectual property litigation, which includes:

 

  • Represented audio/visual company in a misappropriation of trade secrets case against one of the largest makers and suppliers of musical instruments, amplifiers and professional audio systems in the world. Obtained Declaratory Judgment establishing client’s ownership of the trade secret;
  • Defended restaurant ownership group in a trademark infringement action filed by a national food product distributor. Obtained favorable settlement for client; and
  • Defended national healthcare provider in a dispute against a franchise broker over franchise royalties.  Obtained favorable settlement terms for client.

 

 

If you would like to discuss an environmental litigation matter with our firm, please contact Matt D. Conn.

MEDICAL MALPRACTICE AND MEDICAL REGULATORY LAW

Friedman attorneys have been regularly defending physicians, clinics, hospitals and other professionals for many years, before and after the inception of the firm. This includes a wide ranges of specialties, from family practice, urgent care centers and emergency medicine physicians to surgical specialties including orthopedics, otolaryngology, obstetrics and gynecology, neurology and general surgery.

 

We have been able to achieve summary judgments or dismissals of the majority of lawsuits filed without the payment of any settlement or reporting to the National Practitioners Data Bank, including claims of wrongful death and paraplegia. Friedman attorneys have also represented physicians facing complaints before the Alabama State Board of Medical Examiners.

 

Joel Williams heads up this practice area and he has been the guest speaker at multiple CME seminars over the past several years, focusing his message to physicians who face lawsuits alleging medical malpractice.

 

Friedman attorneys dedicate themselves to learn the medicine and relevant literature in every case. This allows thorough trial preparation, examination of opponents’ expert witnesses and preparation of our clients to face intense cross-examination by able counsel for the Plaintiff.

 

Friedman has been successful in multiple jury trials. In the past six years, we have obtained defense verdicts and favorable outcomes in cases including:

 

  • Represented ENT surgeon in a two week trial in a wrongful death case alleging post-surgical anoxic brain injury of a 54 year old. Verdict for defense.
  • Represented emergency room physician in a week-long trial of a case claiming paraplegia for failure to diagnose central cord syndrome. Verdict for defense.
  • Represented urgent care clinic in a case alleging neurological injury and foot drop from improper site of pain injection. Verdict for defense.
  • Represented emergency medicine physician in two week wrongful death case alleging improper treatment of ST elevated myocardial infarction. JNOV for defendant after minimal verdict on third day of deliberation.
  • Represented neurologist in a paraplegic injury case alleging failure to diagnose and treat spinal epidural abscess. Case settled with high-low agreement during second day of jury deliberation for one-third of the ultimate verdict.
  • Represented emergency room physician in a two week wrongful death trial of a case alleging failure to diagnose staph aureus osteomyelitis in a 3½ year old child. Hung jury after 2½ days of deliberation, thereby allowing for a reasonable settlement in a most difficult case.

 

If you would like to discuss a medical claim or regulatory/licensure board matter, please contact Joel Williams.

MINING LAW

Friedman has been heavily involved in mining related litigation, regulation and compliance matters for the past 14 years in Alabama and in other states. Our work includes representation of quarries, coal mines and mining related businesses in all phases of licensing, administrative law, labor, environmental regulation, and litigation. Friedman also serves as national counsel for mining and blasting companies.

 

We have built an impressive resume in mining related litigation

  • Represented three Walker County coal producers against a Florida Utilities Company resulting in largest verdict in Walker County history.

  • Successfully defended against multiple lawsuits in Georgia for alleged property damage caused by utility contractor – blasting.

  • Representation of Texas mineral owners in litigation involving the wrongful taking of natural gas against major oil and gas production company.

  • Provided insurance coverage analysis and counsel to insurance companies for multiple death claims relating to the largest underground mining disaster in state history.

  • Representation of management and supervisors of coal company in litigation by injured workers.

  • Co-counsel in West Virginia defending litigation brought by mine workers claiming alleged exposure to dangerous chemicals at mine site.
  • Representation of mining company in multi million dollar dispute over rights to mine coal adjacent to gas pipeline.

  • National counsel for multiple mining and blasting companies.

  • Served as lead counsel in mining litigation in Alabama, Georgia, West Virginia, Kentucky, Wyoming, and New York.

  • Responsible for Supreme Court decision limiting the recovery of damages for emotional distress in cases involving property damage from mining and blasting activities.

  • Frequent mining related trial work including representation of two surface mining companies in lawsuit by property owner resulting in defense verdict in the Circuit Court of Jefferson County, Alabama. The Boyd v. Twin Pines et al. case was one of the three defense verdicts in blasting cases obtained by the firm in a 24 month period.

 

Our Memberships & Affiliations

  • International Society of Explosives Engineers, Alabama Coal Association, Friends of Coal, and National Quarry Academy.
  • Member of the Legal Affairs Committee of the Institute of Makers of Explosives (IME).

 

If you would like to discuss a mining law matter with our firm, please contact Tommy Dazzio.

PROFESSIONAL LIABILITY

In addition to medical claims, Friedman specializes in claims made against other professionals including architects, engineers and attorneys. Friedman is also panel counsel for several professional liability insurance carriers.

 

If you would like to discuss an insurance coverage matter with our firm, please contact Joel A. Williams or James W. Moss.

TRANSPORTATION

CLMCommercial trucking carriers may face greater liability exposure than any other industry for injury and wrongful death claims. As the commercial trucking industry is highly regulated, litigation arising out of trucking accidents requires lawyers with experience and knowledge of federal and state regulations. Our firm routinely represents drivers and carriers in wrongful death, personal injury and property damage matters arising from commercial vehicle accidents. Friedman attorneys have compiled a rapid response team available at all hours for scene investigation to assist our clients in gathering and preserving evidence, obtaining witness statements, hiring accident reconstruction experts and managing pre-litigation matters.

Friedman attorneys also represent commercial carriers in matters related to freight and contract disputes, employment and regulatory compliance matters. The firm lists among its clients national and regional commercial carriers and serves as panel counsel for a number of commercial trucking insurers. For many years, Friedman attorneys have actively participated in the Claims & Litigation Management Alliance’s Transportation Committee, American Bar Association’s Trucking Law Committee and the Trucking Industry Defense Association. Our attorneys counsel commercial carriers in all aspects of their businesses, provide risk management and defend our clients vigorously in state and federal courts throughout Alabama should litigation arise.

 

Notable Cases:

  • Obtained a defense verdict for a motor carrier and its driver in a North Alabama circuit court case involving a head-on collision with another driver where fault for the accident was undetermined by police. Through the use of an accident reconstructionist, we were able to prove that the truck driver was not in violation of the rules of the road and was not responsible for the collision.
  • Obtained a defense verdict for a motor carrier in a North Alabama circuit court case filed by another motor carrier for significant property damage and freight claims arising out of an alleged lane-change accident which occurred in North Carolina.
  • Obtained a defense verdict for a motor carrier in a Middle Alabama court in a case arising out of an accident in an intersection within a city’s limits involving personal injury and property damage claims.
  • Obtained a defense verdict for a motor carrier and its driver in a South Alabama circuit court in a right-of-way dispute involving numerous expert witnesses and significant permanent injuries.
  • Obtained summary judgment which was affirmed by the 11th Circuit Court of Appeals for a motor carrier in an Americans with Disabilities Act case where a driver alleged he was denied permission to participate in a spouse ride along program.
  • Defended a Canada-based motor carrier in a North Alabama circuit court case involving multiple injury claims resulting in a confidential settlement far below the amounts of pending medical liens following successful pretrial arguments and witness cross examinations.
  • Defended an owner-operator in a personal injury and wrongful death action arising out of a catastrophic accident for which the driver was charged with homicide and use of controlled substance. Our attorneys were able to obtain a confidential settlement within the insurance coverage and protect the trucking carrier from excess exposure.
  • Defended a motor carrier and its driver who was charged with fleeing the scene of an accident after causing serious personal injuries. The motor carrier was charged with negligent hiring, retention and supervision, as well as negligent entrustment. Our firm obtained a confidential settlement well below the limits of the first layer of insurance coverage after striking a jury in federal court.
  • Additionally, Friedman attorneys represented a transportation carrier in matters involving fuel rebate fraud.

 

If you would like to discuss a commercial trucking matter with our firm, please contact Chris Zulanas.

MEDIATION AND ARBITRATION

Friedman attorneys have extensive experience in the areas of alternative dispute resolution. Firm members have participated in the mediation process on behalf of clients in hundreds of instances. Friedman, Dazzio, Zulanas & Bowling attorneys have appeared in numerous arbitrations conducted under the auspices of the American Arbitration Association and other national organizations and have obtained significant arbitration awards on behalf of our clients.

 

If you would like to discuss a mediation or arbitration matter with our firm, please contact Jess. S. Boone.