About Frank
Frank practices in the firm’s Litigation section and his practice concentrates on representing financial institutions and insurance companies in various matters throughout the southeast.
Frank’s representation of clients in the financial services industry includes the defense of both individual and class/mass actions, ranging from state common law and statutory claims, including claims for fraud and identity theft, to claims for alleged violations of federal statutes, including the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the Truth In Lending Act. Frank also represents asset-based lendors/lessors involved in intercreditor disputes and collateral recovery issues. Frank has extensive experience enforcing arbitration provisions and has arbitrated numerous consumer finance cases before American Arbitration Association and JAMS. The majority of Frank’s insurance practice is focused on the representation of property, health, disability and life insurance companies in disputes with insureds and third-party litigants.
At Burr & Forman, Frank serves as a firm representative to the American Financial Services Association and also co-authors Burr & Forman’s Consumer Finance Monthly Litigation Update. Frank is a member of the Conference On Consumer Finance Law, the Business Law Section (Consumer Financial Services Committee) of the American Bar Association, ACA International, the Alabama Bar Association, the Florida Bar Association, the Mississippi Bar Association, the Tennessee Bar Association and the Birmingham Bar Association.
Frank is admitted to practice before all State and U.S. District Courts in the States of Alabama, Florida, Mississippi and Tennessee. Frank is also admitted to practice before the U.S. Court of Appeals for the Fifth, Sixth and Eleventh Circuits.
Sample Decisions:
Eparvier v. Foris las. co., 2008 WL 2253064 (11th cir. June 3, 2008) (vacting federal district court’s remand order)
Ex parte Legg, 2007 WL 2460076 (Ala. Ct. Civ. App. June 29, 2007), cert. denied, 2007 WL 4260076 (Ala. Aug. 31, 2007) (Affirming summary judgment against plaintiff and in favor of health insurer in breach of contract and bad faith failure to pay case)
Gilchrist v. CitiFinancial Services, Inc., 2007 WL 177821 (M.D. Fla. Jan. 19, 2007) (Denying plaintiff’s motion to remand and granting lender’s motion to compel arbitration in consumer fraud case)
Martin v. First Family Financial Services, Inc., 2006 WL 521452 (N.D. Miss. March 2, 2006) (Granting summary judgment against 25 plaintiffs and in favor of lenders in consumer fraud case)
Liddell v. First Family Financial Services, Inc., 146 Fed. Appx. 748 (5th Cir. 2005) (Affirming summary judgment against 19 plaintiffs and in favor of lenders in consumer fraud case)
Ex parte Procom Services, Inc., 884 So. 2d 827 (Ala. 2003) (Granting of a petition for a writ of mandamus to enforce outbound forum selection clause against plaintiff)
Recent Publications:
Breach of Health-Insurance Contract Case Overrules Colquitt, ABA/ TIPS Health and Disability Insurance Law Newsletter, Fall/Winter 2007 edition.
What is your favorite thing about the law?
No two days are ever the same and having the opportunity to always meet new people.
What are your hobbies?
Most of my free time is spent with my wife and our two children. I also enjoy following sports, particularly college football, playing golf and fishing.
What was your first job?
In the 8th grade, I started my own lawn service business with a good friend in the neighborhood. Because we were not old enough to drive, we started out cutting lawns within walking distance of our homes. Once we were able to drive, our business expanded and we were able to operate our business until we graduated from high school.
What advice would you give a law student?
Do not take yourself too seriously and make sure that you study hard your first semester of law school.