J. Evans Bailey

Shareholder

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Phone: 334-206-3114
Fax: 334-481-0848
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Mr. Bailey joined the firm in 2008 and became a shareholder in 2016. His practice is devoted to civil litigation with a focus on commercial litigation, insurance defense, professional liability, collections, construction law, media law, and appellate practice. He has experience handling a variety of matters in all state trial and civil appellate courts, federal district court, bankruptcy court, and the 11th Circuit Court of Appeals. Mr. Bailey enjoys the diversity of his practice and the unique challenges of each case. A technology enthusiast, he is constantly trying to keep his office “paperless.”

Mr. Bailey is a member of the Alabama and Montgomery County Bar Associations, the Federal Bar Association, ADLA, DRI, the state Volunteer Lawyers Program, the Pro Se Litigant Assistant Program for the Middle District of Alabama, and the Alabama State Bar’s Character and Fitness Committee.

Recent Practice Highlights

Dennis and Evans Bailey recently won a summary judgment for the Dothan Eagle newspaper in a case involving a motor vehicle-pedestrian collision. The Plaintiff alleged that the tortfeasor was working as an agent or employee of the Dothan Eagle at the time of the accident. Dennis and Evans were able to demonstrate to the Court’s satisfaction that the alleged tortfeasor was actually an independent contractor, and the Dothan Eagle could not be liable as a result. The case is Westmoreland v. Dothan Eagle, Inc., et al., Coffee County Circuit Court, Enterprise Division, Case No. 17-900185.

Dennis Bailey obtained dismissal of appealed defamation claim, with Evans Bailey participating in briefing.

Evans Bailey and JC Love were recently granted summary judgment in a collision between two tractor-trailers. They were able to show that Plaintiff did not have insurance on his vehicle at the time of the accident and argued that this barred Plaintiff’s recovery of loss of use damages.

The Alabama Supreme Court 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 of $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.

Evans Bailey and Ron Davenport won a summary judgment in the Middle District of Alabama on behalf of their client, an insurer, in a coverage dispute involving UM/UIM benefits. The district court agreed with Evans and Ron’s position that there was no coverage for UM/UIM benefits because the proposed insured was not a “resident relative” of the policy holder. State Farm Mut. Auto. Ins. Co. v. Bieber, No. 2:15-CV-475-KS-GMB, 2016 WL 3672216 (M.D. Ala. 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.

A client of Dennis Bailey, Evans Bailey, and Mac Freeman 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.

Evans Bailey drafted the appellant’s brief in a case which successfully overturned injunction entered against clients in a private right-of-way dispute. Kish Land Co., LLC v. Thomas, 42 So. 3d 1235 (Ala. Civ. App. 2010).

Evans Bailey drafted successful appellee’s brief in Mandella v. Pennington, 73 So. 3d 1257 (Ala. Civ. App. 2011). The case was recognized by Alabama Law Weekly as one of the most significant Alabama Court of Civil Appeals decisions in 2011.

Part of 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.

With shareholder Jim Garrett, successfully defended a timber broker in a state court trial which alleged the wrongful death of one of the broker’s subcontractors and claims of racial discrimination.

Mr. Bailey represented a construction lender in a case where the Alabama Court of Civil Appeals affirmed the judgment of the Elmore County Circuit Court granting summary judgment to the lender in an action brought by two squatters. Defendant won damages on appeal in the form of attorney’s fees. On an earlier appeal in the same case, Mr. Bailey also had the dismissal of a local builder affirmed without opinion.

Evans Bailey successfully reversed on appeal a trial court’s decision not to honor a foreign judgment in excess of $340,000. Afassco, Inc. v. Sanders, 142 So. 3d 1119, 1121 (Ala. 2013).

With Austin Huffaker, Evans Bailey successfully appealed a bankruptcy court’s judgment awarding nearly $80,000 in a case alleging a violation of the discharge injunction in connection with the filing of a proof of claim. In re McLean, 794 F.3d 1313 (11th Cir. 2015).

Mr. Bailey also has extensive experience in matters of appellate jurisdiction. See Jackson v. Sasser, 158 So. 3d 469, 469 (Ala. Civ. App. 2014); Sanspree v. Sterling Bank, 130 So. 3d 1200 (Ala. 2013); Lighting Fair, Inc. v. Rosenberg, 63 So. 3d 1256 (Ala. 2010)

Honors and Awards

While attending the University of Georgia, Mr. Bailey was a member of the Phi Kappa Phi Honor Society, Golden Key Honor Society, and the Phi Alpha Theta Honor Society. In law school, Mr. Bailey served as vice president of the student division of the Alabama Defense Lawyers Association. Mr. Bailey was selected as a member of the Alabama State Bar’s Leadership Forum Class 10. Since 2014, he has served on a panel State Bar’s Character and Fitness Committee. With Dennis Bailey, he is a contributor to the Media Law Resource Center’s annual Media Law Survey.

Community Involvement

Mr. Bailey is a member of the Episcopal Church of the Ascension in Montgomery, Alabama. He also serves on the Board of the River Region Goodwill.

Mr. Bailey joined the firm in 2008 and became a shareholder in 2016. His practice is devoted to civil litigation with a focus on commercial litigation, insurance defense, professional liability, collections, construction law, media law, and appellate practice. He has experience handling a variety of matters in all state trial and civil appellate courts, federal district court, bankruptcy court, and the 11th Circuit Court of Appeals. Mr. Bailey enjoys the diversity of his practice and the unique challenges of each case. A technology enthusiast, he is constantly trying to keep his office “paperless.”

Mr. Bailey is a member of the Alabama and Montgomery County Bar Associations, the Federal Bar Association, ADLA, DRI, the state Volunteer Lawyers Program, the Pro Se Litigant Assistant Program for the Middle District of Alabama, and the Alabama State Bar’s Character and Fitness Committee.

Recent Practice Highlights

Dennis and Evans Bailey recently won a summary judgment for the Dothan Eagle newspaper in a case involving a motor vehicle-pedestrian collision. The Plaintiff alleged that the tortfeasor was working as an agent or employee of the Dothan Eagle at the time of the accident. Dennis and Evans were able to demonstrate to the Court’s satisfaction that the alleged tortfeasor was actually an independent contractor, and the Dothan Eagle could not be liable as a result. The case is Westmoreland v. Dothan Eagle, Inc., et al., Coffee County Circuit Court, Enterprise Division, Case No. 17-900185.

Dennis Bailey obtained dismissal of appealed defamation claim, with Evans Bailey participating in briefing.

Evans Bailey and JC Love were recently granted summary judgment in a collision between two tractor-trailers. They were able to show that Plaintiff did not have insurance on his vehicle at the time of the accident and argued that this barred Plaintiff’s recovery of loss of use damages.

The Alabama Supreme Court 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 of $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.

Evans Bailey and Ron Davenport won a summary judgment in the Middle District of Alabama on behalf of their client, an insurer, in a coverage dispute involving UM/UIM benefits. The district court agreed with Evans and Ron’s position that there was no coverage for UM/UIM benefits because the proposed insured was not a “resident relative” of the policy holder. State Farm Mut. Auto. Ins. Co. v. Bieber, No. 2:15-CV-475-KS-GMB, 2016 WL 3672216 (M.D. Ala. 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.

A client of Dennis Bailey, Evans Bailey, and Mac Freeman 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.

Evans Bailey drafted the appellant’s brief in a case which successfully overturned injunction entered against clients in a private right-of-way dispute. Kish Land Co., LLC v. Thomas, 42 So. 3d 1235 (Ala. Civ. App. 2010).

Evans Bailey drafted successful appellee’s brief in Mandella v. Pennington, 73 So. 3d 1257 (Ala. Civ. App. 2011). The case was recognized by Alabama Law Weekly as one of the most significant Alabama Court of Civil Appeals decisions in 2011.

Part of 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.

With shareholder Jim Garrett, successfully defended a timber broker in a state court trial which alleged the wrongful death of one of the broker’s subcontractors and claims of racial discrimination.

Mr. Bailey represented a construction lender in a case where the Alabama Court of Civil Appeals affirmed the judgment of the Elmore County Circuit Court granting summary judgment to the lender in an action brought by two squatters. Defendant won damages on appeal in the form of attorney’s fees. On an earlier appeal in the same case, Mr. Bailey also had the dismissal of a local builder affirmed without opinion.

Evans Bailey successfully reversed on appeal a trial court’s decision not to honor a foreign judgment in excess of $340,000. Afassco, Inc. v. Sanders, 142 So. 3d 1119, 1121 (Ala. 2013).

With Austin Huffaker, Evans Bailey successfully appealed a bankruptcy court’s judgment awarding nearly $80,000 in a case alleging a violation of the discharge injunction in connection with the filing of a proof of claim. In re McLean, 794 F.3d 1313 (11th Cir. 2015).

Mr. Bailey also has extensive experience in matters of appellate jurisdiction. See Jackson v. Sasser, 158 So. 3d 469, 469 (Ala. Civ. App. 2014); Sanspree v. Sterling Bank, 130 So. 3d 1200 (Ala. 2013); Lighting Fair, Inc. v. Rosenberg, 63 So. 3d 1256 (Ala. 2010)

Honors and Awards

While attending the University of Georgia, Mr. Bailey was a member of the Phi Kappa Phi Honor Society, Golden Key Honor Society, and the Phi Alpha Theta Honor Society. In law school, Mr. Bailey served as vice president of the student division of the Alabama Defense Lawyers Association. Mr. Bailey was selected as a member of the Alabama State Bar’s Leadership Forum Class 10. Since 2014, he has served on a panel State Bar’s Character and Fitness Committee. With Dennis Bailey, he is a contributor to the Media Law Resource Center’s annual Media Law Survey.

Community Involvement

Mr. Bailey is a member of the Episcopal Church of the Ascension in Montgomery, Alabama. He also serves on the Board of the River Region Goodwill.

  • B.A., cum laude, University of Georgia, 2005
  • J.D., University of Alabama School of Law, 2008
  • Alabama State Bar
  • Montgomery County Bar Association
  • Federal Bar Association
  • Alabama Defense Lawyers Association
  • Defense Research Institute
  • Alabama Volunteer Lawyers Program