The American Bar
CABANISS, JOHNSTON, GARDNER,
DUMAS & O'NEAL LLP

Established 1887

Mailing address: P.O. Box 830612,
Birmingham, Alabama 35283-0612


Office: 2001 Park Place North, Suite 700,
Birmingham, Alabama 35203

Telephone: +1 (205) 716-5200
Fax: +1 (205) 716-5389

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Profile
General Civil, Trial and Appellate Practice in all State and Federal Courts. Antitrust, Banking, Bankruptcy, Business, Business Planning, Business Transactions, Commercial, Consumer Finance, Construction, Contracts, Contract Litigation, Corporate, Employee Benefits, Environmental, Executive Compensation, ERISA, Estate Planning, Health Care Law, Insurance, Intellectual Property, Labor and Employment, Litigation, Maritime, Medical Malpractice, Mergers and Acquisitions, Municipal, Natural Resources, Patents, Personal Injury, Products Liability, Professional Liability, Real Estate, Taxation, Timber and Logging, Trusts and Estates, Wills and Workers' Compensation law.
Recognized as the oldest continuous law practice in Birmingham and one of the oldest continuous practices in Alabama, the firm of Cabaniss, Johnston, Gardner, Dumas & O'Neal LLP has a distinguished history. The origins of the firm, which began in Birmingham in 1887, can be traced back to the firm's first lawyer, E. H. Cabaniss, who left the small Alabama town of Union Springs to travel to Birmingham to capitalize on the growth of industry and business in the rapidly growing southern town. There he formed Cabaniss & Banks. A merger in 1920 produced Cabaniss, Johnston, Cocke & Cabaniss. "Cabaniss, Johnston" has been a familiar and respected name in Alabama legal circles ever since. The firm maintains full-service law offices in Birmingham and Mobile, the two largest cities and economic centers in Alabama. The strategic north-south location of our offices and their respective spheres of practice give us an ongoing statewide presence.
Cabaniss, Johnston is distinguished by the exceptional ability of its lawyers and the excellence of its work product and provides a range of services for its clientele. In addition, the firm encourages professional development and participation in continuing legal education activities.
 
Edward H. Cabaniss 1857-1936
Forney Johnston 1879-1965
Lucien D. Gardner Jr. 1903-1988
M. Camper O'Neal 1907-1989
Partners
Crawford S. McGivaren Jr. (Clarksdale Mississippi 1943) Admitted to practice Alabama 1968. Educated at Vanderbilt University A.B. magna cum laude 1965 and Harvard University LL.B. 1968. Member Phi Beta Kappa and Omicron Delta Kappa.
Division Counsel Norfolk-Southern Corporation for Alabama since 1982. Fellow American College of Trial Lawyers. Member Alabama State Bar, Birmingham and American Bar Associations. Commercial Law, Professional Liability Defense, Personal Injury Law, Insurance Litigation.
Sydney F. Frazier Jr. (Birmingham Alabama 1942) Admitted to practice Alabama 1972. Educated at University of Alabama B.A. 1969 J.D. 1972. Editor-in-Chief Alabama Law Review 1971-72. Member Omicron Delta Kappa, Jasons, Phi Delta Phi and Bench and Bar.
Member Alabama Bar Institute (Faculty Employment Law Committee Continuing Legal Education since 1988), Alabama State Bar (Secretary-Treasurer 1981-82, Vice Chairman 1982-83 and Chairman 1983-84 Employment Law Section), Birmingham and American Bar Associations. General Practice, Civil Litigation, Employment Law, Workers' Compensation Law.
Roy J. Crawford (Selma Alabama 1949) Admitted to practice Alabama 1977. Educated at Troy State University B.S. summa cum laude 1971, University of Alabama J.D. 1977 and New York University LL.M. in Taxation 1980. Managing Editor Alabama Law Review 1976-77. Member Omicron Delta Kappa, Jasons, Order of the Coif and Bench and Bar.
Member Alabama Law Foundation (Trustee 1987-95 and President 1993-95), Alabama State Bar (Chairman Section of Taxation), Birmingham and American Bar Associations. Taxation Law, Corporate Law, Health Care Law.
F. Gerald Burnett (Meridian Mississippi 1946) Admitted to practice Mississippi 1972, Alabama 1979 and District of Columbia 1979. Educated at University of Mississippi B.B.A. 1968 J.D. with distinction 1972 and Georgetown University Law Center LL.M. in Taxation 1977. Recipient Tax Division Outstanding Attorney Award 1977. Special Projects Editor Mississippi Law Journal 1971-72. Member Phi Alpha Delta and Omicron Delta Kappa.
Co-author Treatise Litigation of Federal Tax Controversies Shepards/McGraw-Hill 1986. Trial Attorney Tax Division U.S. Department of Justice 1974-78. Special Tax Advisor Tax Management, Inc. since 1983. Member Alabama State Bar, The District of Columbia Bar, Mississippi State Bar, Birmingham, Federal and American (Sections: Litigation, Taxation, Real Property, Probate and Trust Law) Bar Associations. Taxation Law, Real Estate Law, Timber and Logging Law.
David S. Dunkle (Erie Pennsylvania 1945) Admitted to practice North Carolina 1969 and Alabama 1980. Educated at Virginia Military Institute B.A. with honors 1966, University of North Carolina School of Law J.D. 1969 and Georgetown University Law Center LL.M. in Taxation 1970. Member North Carolina Law Review 1967-69.
Author Treatise Guide to Pension and Profit Sharing Plans Shepards/McGraw-Hill 1984. Lecturer on Tax University of North Carolina 1976-79. Special Tax Advisor Tax Management, Inc. 1973-98. Member Alabama State Bar, The North Carolina State Bar, Birmingham and American (Committee on Employee Benefits Section of Taxation since 1980) Bar Associations. Taxation Law, Employee Benefit Law, ERISA, Executive Compensation, Estate Planning.
C. Fred Daniels (Birmingham Alabama 1947) Admitted to practice Alabama 1973 and U.S. Tax Court 1974. Educated at Auburn University B.S. 1970, University of Alabama J.D. 1973 and New York University LL.M. in Taxation 1974.
Co-author with Markstein "Planning for Beneficiaries of IRAs and Qualified Plans, Essential Concepts and Useful Forms" 22 American College of Trust and Estate Counsel Notes 125, 1996. Listed in Best Lawyers in America in Taxation, Estate and Employee Benefits. Fellow American College of Trust and Estate Council and Alabama Law Institute. Member Alabama State Bar (Chairman Tax Section 1984-85), Birmingham and American (Sections: Taxation, Business Law, Real Property, Probate and Trust Law) Bar Associations. Trusts and Estates, Taxation Law, Corporate Law.
G. Thomas Sullivan (Ashland Kentucky 1952) Admitted to practice Alabama 1977, U.S. District Courts Northern 1980 and Southern 1981 Districts of Alabama, U.S. Supreme Court 1983 and U.S. Court of Appeals Eleventh Circuit 1996. Educated at Emory University B.A. 1974, Cumberland School of Law of Samford University J.D. 1977 and University of Alabama LL.M. in Taxation 1996.
Speaker/Panelist Villanova University School of Law Sports Symposium 1991. Deputy District Attorney Jefferson County 1977-80. Special Assistant Attorney General Alabama since 1995. Member Panel of Arbitrators since 1995 and Alabama Advisory Council since 1996 American Arbitration Association. Member Sports Lawyers Association, Alabama State Bar (Taxation Section), Birmingham (Grievance Committee since 1998, Ethics Committee, Fee Arbitration Committee) and American Bar Associations. Business Planning, Business Transactions, Contracts, Contract Litigation, Natural Resources Law.
Carolyn L. Duncan (Nashville Tennessee 1949) Admitted to practice Alabama 1978, U.S. District Courts Southern 1980, Middle 1982 and Northern 1983 Districts of Alabama and U.S. Courts of Appeals Fifth 1981 and Eleventh 1981 Circuits. Educated at University of Montevallo B.M. 1971 M.M.E. 1975 and Cumberland School of Law of Samford University J.D. 1978.
Member Alabama Law Institute, Alabama State Bar, Birmingham and American (Alabama State Liaison to Committee on State Regulation of Securities since 1991) Bar Associations. Securities, Corporate Finance, Mergers and Acquisitions.
Direct dial: (205) 716-5200
R. Carlton Smyly (Andalusia Alabama 1957) Admitted to practice Alabama 1982. Educated at Birmingham-Southern College B.A. summa cum laude 1979 and University of Virginia J.D. 1982. Member Phi Beta Kappa and Omicron Delta Kappa.
Member Alabama State Bar, Birmingham and American Bar Associations. Commercial Litigation, Consumer Finance, Construction Law.
Steve A. Tucker (Decatur Alabama 1952) Admitted to practice Alabama 1984. Educated at Samford University B.A. cum laude 1974, The Southern Baptist Theological Seminary M.Div. 1979 and University of Kentucky J.D. with distinction 1984. Member 1982-84 and Editor-in-Chief 1983-84 Kentucky Law Journal. Member Order of the Coif.
Member Alabama State Bar, Birmingham and American Bar Associations. Litigation.
Herbert H. West Jr. (Winfield Alabama 1961) Admitted to practice Alabama 1987. Educated at University of Alabama B.S. summa cum laude 1984 and Vanderbilt University School of Law J.D. 1987. Member Beta Gamma Sigma.
Member Alabama State Bar (President Young Lawyers Section 1995), Birmingham and American Bar Associations. Corporation Law, Real Estate Law, Health Care Law, Taxation Law.
Melanie Merkle Atha (Birmingham Alabama 1965) Admitted to practice Alabama 1990. Educated at Birmingham-Southern College B.A. magna cum laude 1986 and Vanderbilt University J.D. 1990. Member Phi Delta Phi and Mortar Board.
Member Alabama State Bar, Birmingham and American Bar Associations. Medical Malpractice Defense, Personal Injury, Litigation.
John M. Graham (Birmingham Alabama 1967) Admitted to practice Alabama 1992. Educated at University of Alabama B.S. magna cum laude 1989 J.D. 1992. Recipient M. Leigh Harrison Award. Member Alabama Law Review 1990-92. Member Phi Beta Kappa and Order of the Coif.
Member Alabama State Bar, Birmingham and American Bar Associations. Litigation.
Michael E. Turner (Shelby North Carolina 1971) Admitted to practice Alabama 1996. Educated at University of North Carolina at Chapel Hill B.A. 1993 and Wake Forest University J.D. cum laude 1996. Member Wake Forest Law Review 1994-96. Moot Court Board 1994-96. Member Order of the Coif.
Member Alabama State Bar, Birmingham and American Bar Associations. Labor and Employment Law, Workers' Compensation Law.
Anna Funderburk Buckner (Opelika Alabama 1969) Admitted to practice Alabama 1999. Educated at Auburn University B.S. magna cum laude 1993 M.B.A. cum laude 1995 and Cumberland School of Law of Samford University J.D. magna cum laude 1999. Mortar Board Scholar of Merit. Member Cumberland Law Review 1997-99. Member Omicron Delta Kappa, Phi Alpha Delta, Mortar Board and Curia Honoris.
Licensed Real Estate Agent Alabama 1995. Member Sports and Entertainment Law Society, Alabama Law Institute (Prudent Investor Act Committee, Trust Act Committee), Alabama State Bar, Birmingham and American (Committee on Estate and Gift Taxes Section of Taxation, Sections: Business Law, Real Property, Probate and Trust Law, Taxation, Young Lawyers Division) Bar Associations. Corporate Law, Commercial Real Estate, Estate Planning, Taxation Law.
Diane Babb Maughan (Macon Georgia 1974) Admitted to practice Alabama 1999. Educated at Baylor University B.A. magna cum laude 1996 and University of Alabama J.D. summa cum laude 1999. Recipient Dean M. Leigh Harrison Award. Hugo L. Black Scholar. Member 1997-98 and Articles Editor 1998-99 Alabama Law Review. Law Clerk to Chief Justice Perry O. Hooper, Supreme Court of Alabama 1999-2000. Member Phi Beta Kappa, Order of the Coif and Bench and Bar.
Author "Take Caution When Representing Clients Across State Lines: The Services Provided May Constitute the Unauthorized Practice of Law" 50 Alabama L. Rev. 535, 1999. Member Alabama State Bar, Birmingham and American Bar Associations. Litigation.
Amy Bell Nelson (Elizabethtown Kentucky 1976) Admitted to practice Alabama 2001 and U.S. District Court Middle District of Alabama 2001. Educated at Auburn University B.S. magna cum laude 1998, Samford University M.B.A. 2001 and Cumberland School of Law of Samford University J.D. 2001. Member 1999-2000 and Associate Editor 2000-01 Cumberland Law Review. Member Phi Kappa Phi, Phi Alpha Delta and Curia Honoris.
Member Alabama State Bar, Birmingham and American Bar Associations. Corporate Law, Taxation Law.
Annette Lanning Kinderman (Birmingham Alabama) Admitted to practice Alabama 1996. Educated at Amherst College B.A. 1991 and Washington and Lee University School of Law J.D. magna cum laude 1996. Notes and Comments Editor Washington and Lee Law Review 1995-96. Law Clerk to Chief Judge Sam C. Pointer, Jr., U.S. District Court Northern District of Alabama 1996-97. Member Order of the Coif.
Author "Thermal Surveillance: Do Infrared Eyes in the Sky Violate the Fourth Amendment?" 52 Washington and Lee L. Rev. 1771, 1996. Member Alabama State Bar, Birmingham and American Bar Associations. Medical Malpractice Defense, Personal Injury, Litigation.
Counsel
L. Murray Alley (Birmingham Alabama 1931) Admitted to practice Alabama 1959. Educated at University of Alabama A.B. 1956 LL.B. 1959. Case Note Editor Alabama Law Review 1958-59. Member Phi Delta Phi, Omicron Delta Kappa and Farrah Order of Jurisprudence.
Fellow American College of Trial Lawyers. Member Alabama State Bar, Birmingham and American Bar Associations.
Associates
Brian G. Wilson Admitted to practice Alabama 2005. Educated at University of South Alabama B.A. 1993, University of Alabama J.D. cum laude 2004 and New York University 2005. Editor Alabama Law Review 2002-04. Member Bench and Bar Honor Society. Business Transactions, Taxation.
Direct dial: (205) 716-5273
George L. Morris IV (Birmingham Alabama 1975) Admitted to practice Alabama 2005 and U.S. District Courts Middle 2005, Northern 2005 and Southern 2005 Districts of Alabama. Educated at Millsaps College B.S. cum laude 1993 and Cumberland School of Law of Samford University J.D. magna cum laude 2005. Recipient Presidential Scholarship. Member Phi Delta Phi.
Member Alabama State Bar and Birmingham Bar Association. Litigation.
Anthony L. Watkins Jr. (Lexington Kentucky 1969) Admitted to practice Alabama 2005. Educated at Auburn University B.S. 1991 and Cumberland School of Law of Samford University J.D. cum laude 2005. Member 2003-05 and Writing Editor 2004-05 Cumberland Law Review.
Member Birmingham and American Bar Associations. Litigation.
Direct dial: (205) 716-5727
Joey A. Chbeir (Beirut Lebanon 1974) Admitted to practice Alabama 2006. Educated at Université La Sagesse, Beirut Lebanon LL.B. 1998, University of Minnesota LL.M. 1999 and University of Alabama LL.M. 2005. Law Clerk to Hon. Tom King, Jr., Alabama Circuit Court Tenth Judicial Circuit Birmingham Division 2005-07.
Member Birmingham and American Bar Associations.
Direct dial: (205) 716-5300.
John T. Howard (New Hope Alabama 1982) Admitted to practice Alabama 2007 and U.S. District Courts Middle 2007, Northern 2007 and Southern 2007 Districts of Alabama. Educated at University of Alabama at Huntsville B.A. summa cum laude 2004 and Cumberland School of Law of Samford University J.D. magna cum laude 2007. Judge Abraham Caruthers Fellow 2006-07. Junior Member 2005-06 and Writing Editor 2006-07 Cumberland Law Review. Member Phi Kappa Phi, Phi Alpha Delta, Pi Sigma Alpha, Phi Alpha Theta and Curia Honoris.
Member Alabama State Bar, Birmingham and American Bar Associations. Personal Injury Defense, Civil Litigation, Commercial Litigation.
Direct dial: (205) 716-5280
Nancy W. Ball (New Orleans Louisiana 1982) Admitted to practice Alabama 2007. Educated at Birmingham-Southern College B.S.cum laude 2004 and University of Mississippi School of Law J.D. summa cum laude 2007. Executive Articles Editor Mississippi Law Journal 2006-07. Member Phi Delta Phi and Mortar Board.
Author "Constitutional Law—The Dormant Commerce Clause and the Twenty-First Amendment—Reconciling the Two Constitutional Provisions to Allow the Direct Shipment of Wine" Mississippi L. Jour. 2006. Member Alabama State Bar, Birmingham and American Bar Associations. Litigation.
Direct dial: (205) 716-5296
Jason W. Bobo (Slapout Alabama 1983) Admitted to practice Alabama 2008. Educated at Huntingdon College B.A. magna cum laude 2005 and Cumberland School of Law of Samford University J.D. magna cum laude 2008. Associate Editor Cumberland Law Review 2007-08. Member Phi Kappa Phi. Litigation, Labor and Employment.
Direct dial: (205) 716-5252
REPRESENTATIVE CLIENTS ARE
AAA Cooper Transportation
El Paso Energy Corp.
Norwest Corporation
ABC Rail Corporation
Eli Lilly and Co.
O'Neal Steel, Inc.
Akzo Industrial, FIB
Employers Reinsurance Corp.
Parade Homebuilders, Inc.
Allied Products Corp.
First Commercial Bank
Pemco Aeroplex, Inc.
American District Telegraph Co.
First Family Financial Services, Inc.
Quaker State Corporation
Arch of Alabama
Fleming Companies
Rex Stores Corporation
Armstrong World Industries Inc.
Ford Consumer Finance Company
Reynolds Metals Co.
Asea Brown Boveri
Fortis Health Insurance Company
Rheem Manufacturing Company
Associates Corporation of North America
Fortis Insurance Company
Roadway Systems, Inc.
Associates Financial Services Company, Inc.
Gallagher Bassett
Rohr Aeroservices
Associates Housing Finance, LLC
Georgia-Pacific Corporation
Saks, Incorporated
AT&T Corp.
The Goodyear Tire & Rubber Company
Schering-Plough Corporation
B. F. Goodrich
Haftpflichtverband der Deutschen Industrie, V.A.G.
Scott Wetzel Services
Baldwin County Board of Education
Harbison-Walker Refractories Co.
Sears, Roebuck and Co.
Bessemer Carraway Medical Center
Hoffmann-La Roche, Inc.
Sodexho Marriott Services, Inc.
Blue Circle, Inc.
Holmes Oil Company, Inc.
Square D Corporation
Blue Cross and Blue Shield of Alabama
International Paper Company
State of Alabama Personnel Department
Boise Cascade Corporation
Jasper Lumber Company
SunTrust Bank, Inc.
BP Amoco Corporation
John Alden Life Insurance Company
Swiss Re Life & Health
CBI Industries, Inc.
John Hancock Mutual Life Insurance Co.
The Tape-Craft Corp.
Carraway Methodist Health Systems
Lexington Insurance Company
Teledyne Continental Motors
The Chase Manhattan Bank
Liberty Mutual Insurance Co.
Transouth Financial Corporation
Citibank (South Dakota), NA
Liberty National Life Ins. Co.
Troy State University
Citicorp Credit Services, Inc.
Life of Georgia
Uniroyal-Goodrich
Citifinancial
Lucent Technologies, Inc.
University of Montevallo
City of Gulf Shores
McElroy Truck Lines, Inc.
USA Federal Credit Union
The Coca-Cola Company
McWane, Inc.
VF Corporation
CUNA Mutual Insurance Society
Metropolitan Life Insurance Company
West Oil Company, Inc.
Dillard Department Stores
Miller and Company
Western Auto Supply Co.
The Dixie Group, Inc.
Montgomery Kone, Inc.
Weyerhauser Inc.
Doster Construction Company, Inc.
Morgan Building Systems Co.
Winn-Dixie Montgomery, Inc.
Drummond Company, Inc.
Noland Health Services
Witt-Carrier Corporation
Dun & Bradstreet, Inc.
Norfolk Southern Corp.
Yellow Freight System
East Alabama Medical Center
North American Van Lines, Inc.
Other Offices
700 Riverview Plaza 36602. P.O. Box 2906, 36662
Telephone: +1 (251) 415-7300
Fax: +1 (251) 415-7350