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International Paper Summer Associate

Location:
Birmingham, AL
Posted:
October 25, 2021

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Resume:

EDWARD MCF. JOHNSON

ado5kt@r.postjobfree.com ● 205-***-**** ● 2620 Highland Avenue South ● No. 201 ● Birmingham, AL 35205 ● https://www.linkedin.com/in/edwardmcfjohnson/

SUMMARY

Intellectually curious, results-driven attorney with 26 years of diverse litigation experience. Organized, thorough, and articulate professional who strategically develops, efficiently manages, and effectively resolves issues, disputes cases, and excels at client rapport. Skilled in negotiation, drafting, and interpretation of complex commercial agreements. Team player and critical thinker who contributes to the successful management of litigation and personnel. EXPERIENCE & EXPERTISE

Complex Trial and Appellate Litigation and Case Management - Class and Mass Action Environmental, Health Care and Product Liability - Multi-District Litigation (MDL) - Commercial Contracts and Litigation - Commercial Real Estate Transactions – Shareholder Actions – Insurance Defense/Coverage - Indemnity Provisions - Product Liability - Premises Liability - Medical Malpractice - Catastrophic Personal Injury and Wrongful Death - General Business Representation - Employment Litigation - Alternative Dispute Resolution (ADR) - Electronic Discovery Areas of Emphasis

Environmental – Community-wide Class Actions; Healthcare – Provider & State Medical Association Class Actions; Product Liability - split Plaintiff/Defendant with emphasis on Machinery, Equipment, Automotive and Pharmaceuticals; Commercial Disputes; Labor & Employment; Insurance Defense/Coverage; Medical Malpractice (Provider Defense) 50% Litigation Management & Discovery, Motions, and Experts; 15% Commercial Negotiations; 15% ADR or Trial; 10% Appellate; 10% Pre-Trial Resolution

PROFESSIONAL EMPLOYMENT

STEWART & STEWART, P.C., Anniston, AL

● Attorney 2016-2021

EDWARD MCF. JOHNSON, LLC, Birmingham, AL

● Principal 2008-2016 Including Contract Counsel to the following firms:

● Daniel Wolter Law Firm – Insurance Coverage and Defense

● Eyster, Key, Tubb, Roth & Middleton, LLP – Conducted Plaintiff Discovery In re: Blues Antitrust Litigation

● Cory Watson Attorneys – Conducted Plaintiff Discovery In re: Prempro Product Liability MDL WIGGINS, CHILDS, QUINN & PANTAZIS, LLC, Birmingham, AL

● Equity Partner 2005-2008 ● Associate Attorney 1999-2005 BOND & BOTES, LLC, Birmingham, AL

● Associate Attorney 1996-1998

HUIE, FERNAMBUCQ & STEWART, LLC Birmingham, AL

● Associate Attorney 1994-1996 ● Summer Associate 1993 EDUCATION & ADMISSIONS

Juris Doctor - University of Alabama School of Law, Tuscaloosa, AL - May 1994 Bachelor of Arts - Birmingham-Southern College, Birmingham, AL - May 1989 Admitted - State Bar of Alabama ● 11th Circuit Court of Appeals ● United States District Court for the Northern, Middle and Southern Districts of Alabama MEMBERSHIPS & COMMUNITY

Member - St. Mary’s on the Highlands Episcopal Church ● Volunteer - Family Promise of Birmingham ● Volunteer - Community Kitchens of Birmingham ● Coach - Mountain Brook Athletics Girls’ Youth Basketball and Softball ● Eagle Scout EDWARD MCF. JOHNSON

ado5kt@r.postjobfree.com ● 205-***-**** ● 2620 Highland Avenue South ● No. 201 ● Birmingham, AL 35205 ● https://www.linkedin.com/in/edwardmcfjohnson/

REPRESENTATIVE MATTERS

2017-2021: Billings, et al. v. WMEL, et al: Represented thousands of individual property owners and end-users of contaminated drinking water against manufacturer for its release of per-and poly-fluoroalkyl substances

(PFAS) into the Tennessee River and groundwater, seeking individualized property damages and “body-burden” claims. Successfully challenged attempted certification of competing class action on the basis that individual issues predominated, and that monetary relief was not incidental to the class-wide injunctive relief sought. Created and managed a detailed client database for simplification of various types of claims, individualized discovery and ultimate preparation of trial/settlement matrixes. 2016-2020: Adams, et al v. International Paper, et al: Obtained settlement on behalf of over 1,100 individual property owners and residents of the Africatown community in Mobile, Alabama in a complex trespass, nuisance and toxic exposure action. Defeated inappropriate removal to Federal Court under the “Local Event or Occurrence” and “Local Controversy” exceptions to the Class Action Fairness Act of 2005 (CAFA). See Adams v. Int’l Paper Co., 2017 U.S.Dist LEXIS 71693 (S.D. Ala., May 5, 2017). Coordinated team of external counsel and staff to obtain clients’ individualized discovery while successfully defeating Defendants’ overreach and abusive discovery practices. Coordinated discovery of Defendants through implementation, management, and training of staff members on use of web-based document repository and search tools. Created and managed a detailed client database to simplify various types of claims, monitor progress on individual discovery, and ultimate preparation of the settlement matrix.

2003-2016: In re: Concord Dust Litigation: Obtained settlement on behalf of hundreds of individual property owners in complex trespass and nuisance action against coal processing facility seeking damages due to migratory coal dust and other particulate emissions; Defeated attempted mandamus petition seeking to dismiss individuals’ claims due to alleged conflict with prior class injunctive relief. See Ex Parte Pinnoak Resources, LLC, 26 So.3d 1192 (Ala. 2009); Coordinated hundreds of individual plaintiffs through written and deposition discovery; Reduced the individual plaintiffs’ various and complex claims into workable matrix for ultimate settlement. 2012: In re: Prempro Product Liability MDL: Contracted attorney in nationwide pharmaceutical product liability action; Prepared individual plaintiffs’ defensive written and deposition discovery and organized wide-ranging and individualized damages claims for ultimate settlement benefitting approximately 180 individuals. 2009-2010: Sanders, et al v. CSX, et al: Obtained class-wide settlement against Railroad following derailment and resulting chemical spill causing community nuisance and toxic exposure; Obtained Class Certification of injunctive and monetary relief; Prepared and negotiated class settlement agreement based on individualized exposure and negotiated complex settlement agreement based on individualized exposure and proximity to chemical spill.

2006-2010: Henderson v. Cascades-Sonoco, et al: Obtained settlement in third-party negligence and worker’s compensation action for employee who lost hand in unguarded printing press; Simplified complex history of printing press’ maintenance and third-party foreign corporation’s structure to hold parent corporation responsible for its intentional failure to properly guard press; Successfully briefed and argued oppositions to Defendants’ various Motions for Summary Judgment.

2006-2008: Cotton v. Cingular Wireless, et al: Obtained settlement in Federal Court wrongful death and premises liability action for subcontractor’s employee killed by falling cellular antenna; Deposed corporate representatives of wireless provider and the critical members of tower crew responsible for falling antenna: Successfully deposed and excluded Defendants’ proffered expert witness under Daubert factors related to deceased’s alleged drug use; Successfully briefed and argued Defendants’ various Motions for Summary Judgment resulting in settlement by both tower company and the only settlement by wireless provider involving a tower death premises liability action http://www.pbs.org/wgbh/pages/frontline/cell-tower-deaths/ EDWARD MCF. JOHNSON

ado5kt@r.postjobfree.com ● 205-***-**** ● 2620 Highland Avenue South ● No. 201 ● Birmingham, AL 35205 ● https://www.linkedin.com/in/edwardmcfjohnson/

1999-2007: In re: Managed Health Care Litigation: Coordinated and Led Discovery of Plaintiff Class Representatives (Physicians and State Medical Associations) in Nation-wide MDL against the Managed Care Industry asserting Federal civil RICO and state law claims resulting in multi-million-dollar settlements for Plaintiff Class; Successfully led teams of attorneys and staff members in preparing voluminous discovery of class representative physicians and state medical associations revealing mail and wire fraud RICO violations. Successfully prepared and defended individual physician class representatives and staff members in both class and merits discovery phases.

2005: Kaiser, et al v. Union Carbide, et al: Obtained Jury Verdict for Plaintiff Landowners whose properties were damaged by Defendants’ misleading advertisement and ultimate release of nitric acid contaminating landowners’ groundwater aquifer.

1999-2001: Powell, et al v. Scripto, Inc., et al: Obtained settlement in product liability wrongful death action for families of three small children killed in a fire started with a non-child resistant grill lighter: Successfully conducted voluminous discovery and depositions of American distributor and Japanese manufacturer as to prototypes and availability of feasible alternative designs in the U.S. market; Successfully briefed and argued discovery and summary judgment motions in Federal Court.



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