Floyd D. Gaines

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Wells Fargo Tower
420 20th Street North
Suite 1400
Birmingham, Alabama 35203
T: 205.244.3844
F: 205.488.3844

 

Floyd Gaines is a litigator with significant broad-based experience in jury trials and arbitration proceedings in state and federal courts. Mr. Gaines primarily defends national corporations and other clients in complex commercial litigation, including actions involving contract disputes, negligent and intentional misrepresentations, interference with contractual and business relations, and negligence claims leading to wrongful death and serious personal injury. He also handles bankruptcy and restructuring litigation on behalf of commercial lending institutions and loan servicers, including lender liability claims, receiverships and foreclosure litigation and represents financial institutions on claims alleging violations of FCRA, FDCPA, RESPA and TILA.

Mr. Gaines routinely handles transportation litigation matters related primarily to commercial motor vehicle transportation, as well. He represents motor carriers in wrongful death actions arising out of catastrophic accidents, which include claims relating to Department of Transportation violations, negligent hiring, retention and supervision, negligent entrustment, and failure to properly maintain equipment. Mr. Gaines has also represented motor carriers in contractual disputes and defended carriers in actions alleging retaliatory discharge actions filed by former employees. He is a member of the Firm's 24 Hour Motor Carrier Emergency Response Team, a group of attorneys dedicated to providing rapid post-accident intervention and investigation throughout the Firm's footprint and beyond, whenever and wherever you need us.

Publications & Speaking Engagements

  • Co-author – "After The Battle Over Arbitration: An Analysis of Post-Enforceability Issues Confronting Lawyers And Litigants in Actual Arbitration Proceedings," 66 Ala. Law. 442 (Nov. 2005)
  • Speaker – 2004 Tort Law Update, "Arbitration in Alabama: A Practitioner's View"
  • Speaker – 2004 School Law in Alabama, Lorman Educational Services
  • Speaker – 2003 Tort Law Update, "Changes to the Federal Rules of Civil Procedure"

Professional Honors & Activities

  • Listed in The Best Lawyers in America® in the area of Commercial Litigation, 2011 and 2012
  • Listed in Alabama Super Lawyers since 2008 (General Litigation)
  • Member – American and National Bar Associations
  • Member – Alabama State Bar
  • Member – Birmingham Bar Association (Continuing Legal Education Committee, 2002; Grievance Committee, 2003)
  • Member – Magic City Bar Association
  • Member – Defense Research Institute
  • Member – Alabama Defense Lawyers Association
  • Member – Trucking Law Association
  • Former Adjunct Professor, Trial Advocacy – University of Alabama School of Law
  • Member – Board of Directors, Friends of Railroad District
  • Member – Board of Directors, Alzheimer's of Central Alabama Minority Outreach Program

Admissions

  • Alabama, 1992
  • U.S. District Court for the Northern, Middle and Southern Districts of Alabama
  • U. S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Supreme Court

Education

  • University of Alabama School of Law, J.D., 1992
  • University of Alabama, B.S., 1983