About
For over 25 years, Mr. Underwood has represented clients in elegance actions and complicated litigation in country and federal courts, together with coordinated and multi-district proceedings. Soon after Mr. Underwood obtained his license, he served because the Chapter 7 Bankruptcy Trustee in the U.S. Bankruptcy Court of the Northern District of Alabama Eastern Division from 1987 till 1988.
Legal Experience
Mr. Underwood practices inside the complex litigation area. He has participated within the prosecution of numerous class moves on behalf of injured plaintiffs.
Mr. Underwood s enjoy includes serving as courtroom-appointed lead elegance counsel and/or liaison recommend on behalf of plaintiffs in numerous class actions and client-related proceedings. His greater superb cases include:
Tyler v The Mortgage Outlet: $900,000 elegance motion agreement for Truth-in-lending Act violations.
Farley v. Homeowners Loan Corp.: 10 Million greenback agreement in a category action in opposition to a loan originator. The number one allegation was that Homeowner s become making loans included by way of the Home Ownership and Equity Protection Act (HOEPA) with out making HOEPA mandated disclosures.
Tolbert et al., v. Monsanto et al.,: a $seven hundred million agreement against Monsanto and Solutia on behalf of residents of Anniston, Alabama for pollutants with chemical compounds referred to as PCBs, which were banned by using the US government in the Nineteen Seventies as a possible carcinogen;
Hughes v. Commercial Credit: a $2 million dollar settlement with Commercial Credit Corporation on behalf of Alabama Citizens concerning costs for credit score existence coverage;
Goodson v. Cherokee National: a $500 thousand dollar agreement on behalf of Alabama Citizens regarding costs for credit existence coverage;
Ray W. McCleney, et al. v. MCD et al.,; a $310,000.00 settlement on behalf of Alabama workers for unpaid wages from a bankrupt company;
Reported Cases
Alabama State Appellate cases:
Knighten v. Bratcher, 586 So.2nd 14 (Ala. Civ. App. 1991)
Henderson v. State, 650 So.second 532, (Ala. Crim. App. 1994)
American Legion Post No. fifty seven v. Leahy, 681 So.second 1337, (Ala. Sup. Ct. 1996)
Funderburg v. Black s Insurance Agency, 743 So.2d 472, (Ala. Civ. App. 1999)
Springs Industries, Inc. v. Lowe, 1999 Ala. Civ. App. Lexis 736 (October 8, 1999)
Ex parte Herron, 1999 Ala. Lexis 3, (January 8, 1999)
Waples v. Pinson, 781 So. 2nd 182 (Ala. Civ. App., 2000)
Eleventh Circuit Cases:
United States v. Pounds, 50 F.3d 1038 (1995)
United States v. Virgil, a hundred and five F.3d 672 (1997)
MS Dealer Service Corporation v. Franklin, 177 F.3d 942
Pelfrey v. Educational Credit Management Corp, 208 F.3d 945, (April 6, 2000) Cunningham v. Fleetwood Homes of Ga., 253 F.3d 611 (11th Cir., 2001) Heimmermann v. First Union Mortg. Corp., 305 F.3d 1257 (September 18, 2002) Greer v. O Dell, 305 F.3d 1297, 1303 (11th Cir., 2002)
U.S. District Court Cases:
Braxton v. Farmer s Ins. Group, 209 F.R.D. 654 (N.D. Ala September sixteen, 2002);
Wood v. Cooper Chevrolet, Inc., 2000 U.S. Dist. Lexis 14958 (May 1, 2000)
Heimmermann v. First Union Mortgage Corporation, 188 F.R.D. 403, (N. D. of Ala.1999)
MS Dealer Service Corporation v. Franklin, 1999 U.S. Dist. Lexis 10662
Pelfrey v. Educational Credit Management Corporation, 1999 U.S. Dist. Lexis 16788 In re Diet Drugs Prods. Liab. Litig., 2001 U.S. Dist. LEXIS 11479 (D. Pa., 2001) Clark v. Experian Info. Solutions, Inc., 2003 U.S. Dist. LEXIS 22908 (D.S.C., 2003) Baynes v. ALLTEL Wireless of Ala., Inc., 322 F. Supp. second 1307 (D. Ala., 2004)
Bankruptcy Cases:
In re Tudors, 77 B.R. 904, (Bankr. N. D. of Ala., 1987). In re Malkove and Womack, Inc., 122 B.R. 444, (Bankr. N.D. Ala.1990) In re Malkove and Womack, Inc., 134 B.R. 965, (Bankr N. D. of Ala.1991) Roper v. American Health and Fire Insurance Company (In re Roper), 203 B.R. 326, (Bankr. N.D. Ala., 1996) In re Tippins, 221 B.R. 11, (Bankr. N.D. Ala. 1998) Knepp v. Credit Acceptance Corporation (In re Knepp), 229 B.R. 821,(Bankr. N.D. Ala., January 29, 1999) In re Odell, 251 B.R. 602, (Bankr. N.D. of Ala. August 2, 2000) Holcombe v. Debis Fin. Servs. (in Re Holcombe), 284 B.R. 141 (Bankr. D. Ala., 2001)
Professional Activities and Affiliations
* Association of Trial Lawyers America
* Alabama Trial Lawyers Association
* American Bar Association Mediator listed on the Alabama Mediator Roster
* National Association of Consumer Advocates
* has membership of the following:
o The State Bar of Alabama
o Northern District of Alabama
o Middle District of Alabama
o Southern District of Alabama
o U.S. Claims Court
o Eleventh Circuit Court of Appeals
o U.S. Supreme Court
o Mobile County Bar Association
o Baldwin County Bar Association
o National Board of Trial Advocacy
Academic Background
B.S. Jacksonville State University 1976
J.D. Birmingham School of Law 1985
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Location
Legal Issues
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- Consumer Law
- Class Action, Lemon Law
Costs
Certificates
Languages
Accepted Jurisdictions
Experience
- Owner
Earl P. Underwood, Lawyer at Law
1986
Educations
Graduation year: 1982
