H. Thomas Wells, Jr.

Shareholder

1901 Sixth Avenue North
2400 Regions Harbert Plaza
Birmingham, AL 35203

Direct: 205.254.1062
Fax: 205.714.6362
twells@maynardcooper.com

Practice Areas:
Class Action Litigation
Complex Litigation
Environmental Litigation and Regulatory Compliance
General Litigation
Product Liability

Concentration:

Mr. Wells' trial practice concentrates on complex mass tort, environmental and product liability cases, often handling the defense of class actions or mass consolidated cases throughout the South. He has handled cases in Alabama, Virginia, California, Texas, Ohio, West Virginia, Pennsylvania, Indiana, Tennessee, Georgia, Mississippi and the District of Columbia. Mr. Wells is listed in the Best Lawyers in America® and is a Fellow of the International Academy of Trial Lawyers. In 2008, he was listed as one of the Top Ten attorneys in Alabama by Super Lawyers.

Representative Cases:
  • Successfully defended operator of coal preparation facility in a multi-week “bellwether” jury trial of trespass and nuisance claims due to air pollution from industrial facility.
  • Successfully defended steel fabricator in federal environmental enforcement action tried to a jury in the U.S. District Court for the Northern District of Alabama. Defendant had been charged by EPA with violating Clean Air Act permitting rules.
  • Obtained decision from U.S. Supreme Court invalidating discriminatory state tax on hazardous waste disposal facility in Alabama. Case was filed in state trial court, and favorable U.S. Supreme Court ruling (after trial, appeal to state supreme court, and certiorari petition) was announced only two years after the original complaint was filed.
  • Defeated motion for class certification in nuisance/trespass case against manufacturer alleged to be responsible for property damage due to air emissions in the U.S. District Court for the Middle District of Alabama.
  • Won settlement of hundreds of asbestos cases for premises defendant in state court in Beaumont, Texas.
  • Won arbitration of post-settlement allocation proceeding between co-defendants and insurance carriers. Arbitrators upheld allocation that attributed only 30% of total damages to client.
  • As co-lead counsel, won case for mining industry in proceedings in Washington, D.C. alleging widespread, nationwide tampering with personal respirable dust samples in underground mines of numerous companies.

Publications:
"Discovery of Environmental and Other Non-Financial Audits: Is There a Self-Evaluative Privilege?" 01/15/1990

 

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Education and Honors:
The University of Alabama School of Law  (J.D., 1975); Order of the Coif; Alabama Law Review, Senior Editor; Farrah Order of Jurisprudence

University of Alabama (B.A. with Honors, 1972); Phi Beta Kappa

Suffolk University (Doctor of Laws, 2008) (honorary)

International Who's Who of Product Liability Defense Lawyers, 2005

The Best Lawyers in America®, 2007-2011, Energy Law, Environmental Law, Mass Tort Litigation, Natural Resources Law, Product Liability Litigation

Fellow, International Academy of Trial Lawyers

Alabama Super Lawyers, 2008-2010, Environmental Litigation, Class Action/Mass Torts, Personal Injury Defense: Products, and Top 50 Lawyers in Alabama

Martindale Hubbell AV® Preeminent Rating

Admitted to Practice:

Alabama Supreme Court

U.S. Supreme Court

U.S. Court of Appeals for Fifth, Eleventh, D.C. Circuits and U.S. Federal Court of Appeals for the Armed Forces.

U.S. District Courts for the Northern, Middle and Southern Districts of Alabama

Professional Affiliations:

American Bar Association, President (2008-2009); House of Delegates, Chair (2002-2004); Section of Litigation, Chair (1999-2000); Alabama State Delegate (1992-2001)

American Law Institute

Alabama State Bar Association

Inns of Court

Birmingham Bar Association


Civic Activities:
Birmingham Metro YMCA, Board of Directors, Chair (2006)