H. Thomas Wells, Jr.

Shareholder

vCard
twells@maynardcooper.com

Phone: 205.254.1062
Mobile: 205.223.4326
Fax: 205.714.6362

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

Peggy Sue Rentz | Assistant
E-mail or call 205-488-3551

Lela Turner | Paralegal
E-mail or call 205-488-3575

Jeanette Turnipseed | Paralegal
E-mail or call 205-254-1092

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, Illinois, 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 and the Litigation Counsel of America. In 2008, he was listed as one of the Top Ten attorneys in Alabama by Super Lawyers.

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
Litigation Counsel of America, Fellow
International Academy of Trial Lawyers, Fellow
Alabama State Bar Association
Inns of Court
Birmingham Bar Association

Notable Cases and Successes

Defending major airline in competing putative nationwide class actions in federal courts in Alabama and Illinois.
Defended Fortune 100 chemical company in mass tort actions pending in Alabama and West Virginia. Obtained settlement the night before opening arguments to the empanelled jury in Tuscaloosa, Alabama.
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?

Proceedings of the Eastern Mineral Law Foundation Eleventh Annual Institute, Chapter 1 01/15/1990

Speaking Engagements

Best Practices in Working With Experts
04/26/2013 | ABA Section of Litigation Annual Conference, Chicago, IL
Invited Presenter, Renaissance IV, Litigation Counsel of America, New York, NY 2011 12/02/2011 |

News

Civic Activities

Birmingham Metro YMCA, Board of Directors, Chair (2003-2006)
Board of Governors, Shoal Creek, 2004-2009

Practice Areas

Class Action Litigation
Complex Litigation
Environmental Litigation and Regulatory Compliance
General Litigation
Product Liability

Education

Suffolk University (Doctor of Laws, 2008); Honorary
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, 1972); with honors; Phi Beta Kappa

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

Honors and Awards

Martindale-Hubbell AV^® Preeminent Rating
Alabama Super Lawyers^®, 2008-2013 - Environmental Litigation, Class Action/Mass Torts, Personal Injury Defense: Products, and Top 50 Lawyers in Alabama
The International Who's Who of Environment Lawyers 2010
International Who's Who of Product Liability Defense Lawyers, 2005-2010
The Best Lawyers in America^® - 2007-2013, Energy Law, Litigation - Environmental, Mass Tort Litigation, Mass Tort Litigation/Class Actions - Defendants, Natural Resources Law, Product Liability Litigation - Defendants