Practice Groups

Education

  • B.A., Auburn University (Journalism), 1975
  • J.D., Cumberland School of Law (cum laude) 1979

Professional Memberships

  • Alabama State Bar
  • Montgomery County Bar Association
  • Alabama Defense Lawyers Association
  • Defense Research Institute
  • Alabama Law Foundation Fellow
  • Journalism Advisory Council: Auburn University School of Communications and Journalism
  • American Board of Trial Advocates
  • Trial MastersTM

Admitted To Practice

  • Alabama
  • U.S. Supreme Court
  • Eleventh Circuit Court of Appeals
  • Fifth Circuit Court of Appeals
  • U.S. District Court, Southern District of Alabama
  • U.S. District Court, Middle District of Alabama
  • U.S. District Court, Northern District of Alabama
  • U.S. Tax Court

Dennis R. Bailey

Shareholder

Contact

Email Mr. Bailey
Phone: 334-206-3234
Fax: 334-481-0031
Download vCard

After serving as a federal law clerk in the Middle District of Alabama for one year, Mr. Bailey began practicing law with the firm in 1980 and has been a shareholder since 1983. Building upon a strong background of product liability and insurance defense, Mr. Bailey’s practice has evolved into handling a variety of complex litigation directly for clients who are either self-insured or have control over the selection of defense counsel.

Mr. Bailey works closely with corporate counsel and is therefore familiar with corporate litigation guidelines, reporting, and budgeting requirements.  He has managed and argued complex litigation for corporate manufacturing, insurance, and financial services clients as pro hac vice counsel in federal or state cases in Arizona, Arkansas, Tennessee, Mississippi, Louisiana, Texas, Florida, North Carolina, South Carolina, Oklahoma, Pennsylvania, Kentucky, and California.  He has also represented clients in construction arbitration proceedings and has served as an arbitrator.

A former newspaper reporter, cartoonist and magazine editor, Mr. Bailey has been involved in media law since 1980, particularly matters involving First Amendment rights and open government. He has served for years as general counsel for the Alabama Press Association and other media clients, and now supervises a statewide media hotline.

Recent Practice Highlights

The Alabama Supreme Court recently affirmed a summary judgment in favor of a construction lender represented by Dennis and Evans Bailey.  Dennis and Evans were able to successfully argue to Judge Gene Reese in the Montgomery County Circuit Court that the lender did not bear any liability for construction delays and the failure to pay some subcontractors.  They were also able to obtain a judgment against the borrowers in the amount for $590,274.97, which included attorney’s fees and costs, for non-payment on the construction loan.  The Alabama Supreme Court affirmed the lower court’s judgment in favor of Dennis and Evans’s client, without an opinion, on August 12, 2016.

In what may be the first test of the Alabama Heavy Equipment Dealer Act, on Feb. 12, 2016, an Autauga County jury awarded a Rushton Stakely client lost profits of over $4.9 million against a heavy equipment manufacturer due to termination in violation of the Act.  The client had been a dealer of heavy equipment for 19 years when it was terminated in 2014. The jury determined the termination was without good cause. The trial judge, Hon. Sibley Reynolds, also determined as a matter of law that the termination letter failed to provide 120 days advance notice. The Alabama Heavy Equipment Dealer Act, which was enacted in 2009, allows for the recovery of lost profits and also allows a successful dealer to recover reasonable attorney fees and costs. Deirdre Russell of Business Appraisals & Consulting, Inc. testified to the past and future lost profits of the Plaintiff. Dennis R. Bailey tried the case for the dealer. J. Evans Bailey and Jessica Trotman assisted in preparing the case for trial.

With shareholder Mac Freeman and associate Evans Bailey, Bailey was granted motions to dismiss in two cases against an electric distribution cooperative where the plaintiffs were seeking millions in refunds in patronage capital credits

Successfully argued for the lifting of a TRO constituting prior restraint against a newspaper

Led the Rushton Stakely trial team which after nine days of trial in federal court obtained verdict of $1.825 million for construction company against engineering firm in a case involving the construction of an aircraft hangar.

Argued and won summary judgment for a regional bank sued by borrowers in Alabama for failing to monitor construction litigation; case is currently on appeal.

Argued and won summary judgment for an Alabama newspaper in libel case filed by an elected official; case was affirmed on appeal.

Argued and won summary judgment for Texas cancer insurance company in civil cases filed for 17 plaintiffs in Arkansas on question of “actual charge.”

Honors and Awards

Dennis R. Bailey, was elected ADLA’s 2017-2018 President-Elect on June 17 during ADLA’s 2017 Annual Meeting

June 23, 2016-Alabama Bar Association President Lee Copeland awarded Dennis Bailey and two others the President’s Award in recognition of Exemplary Service to the Profession.

In October, 2015, Mr. Bailey became an accredited member in Trial MastersTM.  Membership is reserved for the elite few lawyers who have tried more than 35 civil trials to verdict.  Less than 1/2 of 1% of lawyers are members.

Mr. Bailey has been chosen for the 2016 edition of The Best Lawyers in America® for Communications Law, Bet-the-Company Litigation, Commercial Litigation, Litigation – Banking & Finance, Litigation – Intellectual Property, Litigation – Labor & Employment, Litigation – Real Estate, and Product Liability Litigation – Defendants.

The Alabama Defense Lawyers Association has selected Mr. Bailey to serve on the 2015-2016 District III Board of Directors.

Best Lawyers has chosen Mr. Bailey for the 2015 edition of The Best Lawyers in America for Communications Law, Bet-the-Company Litigation, Commercial Litigation, Litigation – Banking & Finance, Litigation – Intellectual Property, Litigation – Labor & Employment, Litigation – Real Estate, and Product Liability Litigation – Defendants.

While attending Auburn University, Mr. Bailey was a scholarship baseball player and was a member of the student newspaper staff. He made the Academic Baseball Team in 1975 and was named to the Outstanding College Athletes of America.

Mr. Bailey is an Advocate of the American Board of Trial Advocates (ABOTA), and has been selected one of The Best Lawyers in America (2008 – 2014). He has been AV peer review rated by Martindale-Hubbell for many years; commended by Joint Resolution of the Alabama Legislature for work in drafting Alabama Open Meetings Act of 2005 and by the board of directors of the Alabama Press Association for helping to pass that legislation. Mr. Bailey was the recent decisions editor for Cumberland Law Review and a member of Cumberland School of Law’s Curia Honoris Society.

Mr. Bailey has been named as a “Top Lawyer” in the Litigation 2011-Supplement to The American Lawyer® & Corporate Counsel, Spring Edition.

In November 2011, Mr. Bailey was selected for inclusion in “Top Lawyers: Commercial Litigation” by The American Lawyer and Corporate Counsel.  This special supplement includes The Best Lawyers in America® 2011 Annual Guide to Commercial Litigation. American Lawyer and Corporate Counsel magazines distribute the annual guide to their combined readership, highlighting the top firms and attorneys in the area of Commercial Litigation.

Mr. Bailey has also been selected for the 2012 – 2015 Journalism Advisory Council of Auburn University School of Communications and Journalism.

 

Publications

“Defamation in Alabama,” Jones Law Review (2000)

“1975: A Code Odyssey,” Cumberland Law Review (1979)

Presentations

May 2010: Alabama Press Association Webinar: Media law Refresher Course

Adjunct Professor: Department of Journalism, Auburn University:”Mass Media Law and Press Ethics.”  2007 – 2009

Alabama Bar Institute:  “Removal Jurisdiction in Federal Courts: The New Standards” and “Recent Developments in Civil Procedure”

“American Products Liability Overview” – Swedish Manufacturers Association (Stockholm)

“The Alabama Open Meetings Act of 2005” sponsored by the Alabama Press Association in conjunction with the Attorney General of the State of Alabama

Adjunct Professor, Jones School of Law: Conflicts of Law, 1983

Community Involvement

Mr. Bailey is involved in a number of community activities and has coached youth baseball for many years. He is a member of the Church of the Ascension in Montgomery, Alabama. He serves on the Board of Directors of the Capri Film Society.

After serving as a federal law clerk in the Middle District of Alabama for one year, Mr. Bailey began practicing law with the firm in 1980 and has been a shareholder since 1983. Building upon a strong background of product liability and insurance defense, Mr. Bailey’s practice has evolved into handling a variety of complex litigation directly for clients who are either self-insured or have control over the selection of defense counsel.

Mr. Bailey works closely with corporate counsel and is therefore familiar with corporate litigation guidelines, reporting, and budgeting requirements.  He has managed and argued complex litigation for corporate manufacturing, insurance, and financial services clients as pro hac vice counsel in federal or state cases in Arizona, Arkansas, Tennessee, Mississippi, Louisiana, Texas, Florida, North Carolina, South Carolina, Oklahoma, Pennsylvania, Kentucky, and California.  He has also represented clients in construction arbitration proceedings and has served as an arbitrator.

A former newspaper reporter, cartoonist and magazine editor, Mr. Bailey has been involved in media law since 1980, particularly matters involving First Amendment rights and open government. He has served for years as general counsel for the Alabama Press Association and other media clients, and now supervises a statewide media hotline.

Recent Practice Highlights

The Alabama Supreme Court recently affirmed a summary judgment in favor of a construction lender represented by Dennis and Evans Bailey.  Dennis and Evans were able to successfully argue to Judge Gene Reese in the Montgomery County Circuit Court that the lender did not bear any liability for construction delays and the failure to pay some subcontractors.  They were also able to obtain a judgment against the borrowers in the amount for $590,274.97, which included attorney’s fees and costs, for non-payment on the construction loan.  The Alabama Supreme Court affirmed the lower court’s judgment in favor of Dennis and Evans’s client, without an opinion, on August 12, 2016.

In what may be the first test of the Alabama Heavy Equipment Dealer Act, on Feb. 12, 2016, an Autauga County jury awarded a Rushton Stakely client lost profits of over $4.9 million against a heavy equipment manufacturer due to termination in violation of the Act.  The client had been a dealer of heavy equipment for 19 years when it was terminated in 2014. The jury determined the termination was without good cause. The trial judge, Hon. Sibley Reynolds, also determined as a matter of law that the termination letter failed to provide 120 days advance notice. The Alabama Heavy Equipment Dealer Act, which was enacted in 2009, allows for the recovery of lost profits and also allows a successful dealer to recover reasonable attorney fees and costs. Deirdre Russell of Business Appraisals & Consulting, Inc. testified to the past and future lost profits of the Plaintiff. Dennis R. Bailey tried the case for the dealer. J. Evans Bailey and Jessica Trotman assisted in preparing the case for trial.

With shareholder Mac Freeman and associate Evans Bailey, Bailey was granted motions to dismiss in two cases against an electric distribution cooperative where the plaintiffs were seeking millions in refunds in patronage capital credits

Successfully argued for the lifting of a TRO constituting prior restraint against a newspaper

Led the Rushton Stakely trial team which after nine days of trial in federal court obtained verdict of $1.825 million for construction company against engineering firm in a case involving the construction of an aircraft hangar.

Argued and won summary judgment for a regional bank sued by borrowers in Alabama for failing to monitor construction litigation; case is currently on appeal.

Argued and won summary judgment for an Alabama newspaper in libel case filed by an elected official; case was affirmed on appeal.

Argued and won summary judgment for Texas cancer insurance company in civil cases filed for 17 plaintiffs in Arkansas on question of “actual charge.”

Honors and Awards

Dennis R. Bailey, was elected ADLA’s 2017-2018 President-Elect on June 17 during ADLA’s 2017 Annual Meeting

June 23, 2016-Alabama Bar Association President Lee Copeland awarded Dennis Bailey and two others the President’s Award in recognition of Exemplary Service to the Profession.

In October, 2015, Mr. Bailey became an accredited member in Trial MastersTM.  Membership is reserved for the elite few lawyers who have tried more than 35 civil trials to verdict.  Less than 1/2 of 1% of lawyers are members.

Mr. Bailey has been chosen for the 2016 edition of The Best Lawyers in America® for Communications Law, Bet-the-Company Litigation, Commercial Litigation, Litigation – Banking & Finance, Litigation – Intellectual Property, Litigation – Labor & Employment, Litigation – Real Estate, and Product Liability Litigation – Defendants.

The Alabama Defense Lawyers Association has selected Mr. Bailey to serve on the 2015-2016 District III Board of Directors.

Best Lawyers has chosen Mr. Bailey for the 2015 edition of The Best Lawyers in America for Communications Law, Bet-the-Company Litigation, Commercial Litigation, Litigation – Banking & Finance, Litigation – Intellectual Property, Litigation – Labor & Employment, Litigation – Real Estate, and Product Liability Litigation – Defendants.

While attending Auburn University, Mr. Bailey was a scholarship baseball player and was a member of the student newspaper staff. He made the Academic Baseball Team in 1975 and was named to the Outstanding College Athletes of America.

Mr. Bailey is an Advocate of the American Board of Trial Advocates (ABOTA), and has been selected one of The Best Lawyers in America (2008 – 2014). He has been AV peer review rated by Martindale-Hubbell for many years; commended by Joint Resolution of the Alabama Legislature for work in drafting Alabama Open Meetings Act of 2005 and by the board of directors of the Alabama Press Association for helping to pass that legislation. Mr. Bailey was the recent decisions editor for Cumberland Law Review and a member of Cumberland School of Law’s Curia Honoris Society.

Mr. Bailey has been named as a “Top Lawyer” in the Litigation 2011-Supplement to The American Lawyer® & Corporate Counsel, Spring Edition.

In November 2011, Mr. Bailey was selected for inclusion in “Top Lawyers: Commercial Litigation” by The American Lawyer and Corporate Counsel.  This special supplement includes The Best Lawyers in America® 2011 Annual Guide to Commercial Litigation. American Lawyer and Corporate Counsel magazines distribute the annual guide to their combined readership, highlighting the top firms and attorneys in the area of Commercial Litigation.

Mr. Bailey has also been selected for the 2012 – 2015 Journalism Advisory Council of Auburn University School of Communications and Journalism.

 

Publications

“Defamation in Alabama,” Jones Law Review (2000)

“1975: A Code Odyssey,” Cumberland Law Review (1979)

Presentations

May 2010: Alabama Press Association Webinar: Media law Refresher Course

Adjunct Professor: Department of Journalism, Auburn University:”Mass Media Law and Press Ethics.”  2007 – 2009

Alabama Bar Institute:  “Removal Jurisdiction in Federal Courts: The New Standards” and “Recent Developments in Civil Procedure”

“American Products Liability Overview” – Swedish Manufacturers Association (Stockholm)

“The Alabama Open Meetings Act of 2005” sponsored by the Alabama Press Association in conjunction with the Attorney General of the State of Alabama

Adjunct Professor, Jones School of Law: Conflicts of Law, 1983

Community Involvement

Mr. Bailey is involved in a number of community activities and has coached youth baseball for many years. He is a member of the Church of the Ascension in Montgomery, Alabama. He serves on the Board of Directors of the Capri Film Society.

  • B.A., Auburn University (Journalism), 1975
  • J.D., Cumberland School of Law (cum laude) 1979
  • Alabama State Bar
  • Montgomery County Bar Association
  • Alabama Defense Lawyers Association
  • Defense Research Institute
  • Alabama Law Foundation Fellow
  • Journalism Advisory Council: Auburn University School of Communications and Journalism
  • American Board of Trial Advocates
  • Trial MastersTM
  • Alabama
  • U.S. Supreme Court
  • Eleventh Circuit Court of Appeals
  • Fifth Circuit Court of Appeals
  • U.S. District Court, Southern District of Alabama
  • U.S. District Court, Middle District of Alabama
  • U.S. District Court, Northern District of Alabama
  • U.S. Tax Court