Earl P. Underwood, Jr.

Earl P. Underwood, Attorney at LawFor over 24 years, Mr. Underwood has represented clients in class actions and complex litigation in state and federal courts, including coordinated and multi-district proceedings. Soon after Mr. Underwood received his license, he served as the Chapter 7 Bankruptcy Trustee in the U.S. Bankruptcy Court of the Northern District of Alabama Eastern Division from 1987 until 1988.

Legal Experience

Mr. Underwood’s experience includes serving as court-appointed lead class counsel and/or liaison counsel on behalf of plaintiffs in numerous class actions and consumer-related proceedings. His more notable cases include:

  • Tolbert et al., v. Monsanto et al.,: a $700 million settlement against Monsanto and Solutia on behalf of citizens of Anniston, Alabama for pollution with chemicals called PCBs, which were banned by the US government in the 1970s as a possible carcinogen;
  • Hughes v. Commercial Credit; a $2 million dollar settlement with Commercial Credit Corporation on behalf of Alabama Citizens regarding charges for credit life insurance;
  • Goodson v. Cherokee National: a $500 thousand dollar settlement on behalf of Alabama Citizens regarding charges for credit life insurance;
  • 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

The following are some of the more significant reported cases Mr. Underwood has been involved in:

Alabama State Appellate cases:

  • Knighten v. Bratcher, 586 So.2d 14 (Ala. Civ. App. 1991)
  • Henderson v. State, 650 So.2d 532, (Ala. Crim. App. 1994)
  • American Legion Post No. 57 v. Leahy, 681 So.2d 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. 2d 182 (Ala. Civ. App., 2000)

Eleventh Circuit Cases:

  • United States v. Pounds, 50 F.3d 1038 (1995)
  • United States v. Virgil, 105 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 16, 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. 2d 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

Some of the activities Mr. Underwood has been involved in include:

  • Association of Trial Lawyers America
  • Alabama Trial Lawyers Association
  • American Bar Association Mediator listed on the Alabama Mediator Roster
  • National Association of Consumer Advocates
  • Member of the following:
    • American Bar Association
    • The State Bar of Alabama
    • Northern District of Alabama
    • Middle District of Alabama
    • Southern District of Alabama
    • U.S. Claims Court
    • Eleventh Circuit Court of Appeals
    • U.S. Supreme Court
    • Mobile County Bar Association
    • Baldwin County Bar Association

Academic Background

B.S. Jacksonville State University 1976
J.D. Birmingham School of Law 1985

The attorneys of the firm have successfully advanced the rights of injured plaintiffs throughout Alabama and the United States in personal injury, class action, and other complex litigation matters.

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