Forrest S. Latta

Experience

Appellate

• Appellant’s counsel in post-verdict review and appeal of $66 million jury award (Liberty County, Georgia) for wrongful death arising from late-night drunk driving crash that killed or injured three high school students. Settled on appeal.
• Appellee’s counsel in successful affirmance of $7 million verdict (Monroe County, Alabama) on behalf of timber sellers against paper mill owner for fraudulent underpayments. Judgment affirmed.
• Appellant’s counsel in successful appeal of $50 million verdict against truck manufacturer (Clarke County, Alabama) alleging wrongful death in fiery truck accident resulting when truck ran off the road. Remitted on appeal to $6 million.
• Appellant’s counsel representing health care provider in post-verdict hearings and appeal of $7 million verdict (Mobile County, Alabama) including $3 million punitive damages. Settled in appellate mediation.
• Appellee’s counsel in successful affirmance of $3.5 million verdict (Mobile County, Alabama) for national sales organization against a competitor and former salesman for unfair competition and theft of trade secrets. Judgment affirmed.
• Appellant’s counsel in post-judgment challenge and reversal of $10 million wrongful death verdict (Clarke County, Alabama) against highway contractor for wrongful death of three persons in a highway crash. Reversed and rendered.
• Appellee’s counsel in affirmance of summary judgment in favor of international airline in class action by a group of former aircrew members who alleged they were exposed to “toxic air” because of ventilation defects. (Mobile County, Alabama) Affirmed.
• Appellate counsel retained to assist plaintiff’s trial team in jury trial of a multi-million dollar trucking accident claim (Clarke County, Alabama), which resulted in a favorable settlement at trial, amount confidential.
• Appellant’s counsel for HVAC controls manufacturer in post-judgment challenge and appeal of $13 million jury verdict (Washington County, Alabama) on behalf of elderly couple who died from suffocation. Settled on appeal.
• Appellant’s counsel for major national bank in post-trial challenge and reversal on appeal of $4 million jury verdict (Lamar County, Alabama) for alleged wrongful foreclosure against a residential tract that was incorrectly described.
• Appellant’s counsel for Alabama death-row inmate in successful Rule 32 hearing and appeal of a capital murder sentence. Death sentence remitted to life without parole.

Commercial Litigation

• Defense of national music label in dispute with estate of a former rhythm and blues recording artist over ownership of the original master recordings from the 1960s.
• Co-counsel for plaintiff, a major franchise holder, in suit against parent company over forced termination of franchise without cause. Multi-million dollar settlement.
• Co-counsel for defendant in litigation over sale of a franchise storage company over alleged misrepresentations and warranties regarding the assets of the business. Settled at trial.
• Defense judgment for defendant manufacturer of sport utility vehicles in suit brought by overseas subcontractor alleging that agreement was unlawfully canceled.
• Defense of Florida Orange Juice Growers in class action by consumer group who alleged misrepresentation and false advertising over certain advertising claims that the produce contained “fresh squeezed” orange juice. Dismissed with prejudice.
• Co-counsel for defendant inventor of synthetic fuel process in suit by a former investor who sought to enforce the terms of a purchase option. Option was declared void for indefiniteness under the rule against perpetuities.

Insurance Coverage and Bad Faith

• Counsel for insurer in declaratory action involving collapse of multi-story jail building (Baldwin County, Alabama) due to alleged failure of concrete pouring forms constructed by the insured, triggering "your work" and other exclusions, and a bad faith counterclaim. Defense verdict.

• Counsel for insurer in successful defense of pollution claim (Jefferson County, Alabama) over costs incurred by insured for its EPA-mandated remediation of ground pollution at a paper manufacturing facility that had been closed for over 50 years.

• Counsel for insurer in successful jury trial defense (Tampa, Florida) of suit by its own insured for bad faith failure to settle an underlying excess liability tort claim, the issue being whether an umbrella policy was payable where the amount of underlying coverage was still in question. Defense verdict affirmed on appeal, with award of fees.

• Counsel for insurer in defending a claim for excess D&O coverage by the former Directors and Officers of a major national health rehabilitation provider. The claim arose from underlying claims and suits by individual and institutional investors who alleged corporate and criminal fraud. Northern District of Alabama.

• Co-counsel for insurer in successfully appealing a $100 million coverage claim by Missouri residents who alleged that certain real estate developers had concealed the existence of environmental contamination of their drinking water. Dismissed on appeal.

Honors & Recognitions

Civic Activities

Professional Activities