C Paul Cavender

Practice Areas

Mass Torts & Hazardous Substances

Manufacturing

Product Liability

Personal Injury

Commercial Litigation

Transportation & Logistics

Insurance Litigation & Coverage

Construction & Project Development

Class Action

Insurance

Career

Paul Cavender counsels and represents clients in "bet the company," high stakes litigation, prepares and implements national defense strategies for clients and tries difficult cases to verdict. The primary emphasis of his trial practice is upon mass tort and complex litigation with particular interest upon cases involving scientific, medical and engineering complexity. Prior to his law career he was a chemist for a major petrochemical company.

Paul practices in the Litigation section, focusing primarily on mass tort and complex litigation with particular emphasis on product liability litigation. He serves as a National Trial Counsel and as Regional Counsel for defendants in mass tort litigation. He receives assignments from excess insurers for litigation of large loss claims. His experience also includes commercial and insurance litigation, medical device litigation, FELA and ERISA litigation. He has a broad spectrum of regular clients.

Chambers USA, the highly regarded legal directory which is based upon actual client interviews, has listed Paul as a “Leader in their Field” since 2008 in Commercial Litigation. Paul is listed in Best Lawyers in America in the practice areas of Mass Tort Litigation, in Products Liability and in Commercial Litigation. Alabama Super Lawyers recognizes him in the area of Class Action/Mass Torts and in Personal Injury Defense: Products. Paul has been an A-V rated by Martindale-Hubbell for many years. He is a member of the American Bar Association (Tort and Insurance Practice Section of Litigation, and Trial Practice Committee). He also belongs to the Alabama State Bar, the Birmingham Bar Association, the Defense Research Institute (Toxic Tort & Environmental Litigation – Program Committee), and the International Association of Defense Counsel. In 2010, he was an instructor at the ABA’s TIPS National Trial Academy.

Paul is a member of the U.S. District Courts for the Northern, Middle, and Southern Districts of Alabama, the U.S. Courts of Appeals for the Eleventh Circuit, and the U.S. Supreme Court. He has been a speaker at national litigation seminars and has published nationally distributed articles on subjects related to mass torts and industry wide litigation.

A 1984 graduate of Cumberland School of Law at Samford University, Paul served on the Moot Court Board and was selected to the Order of the Barristers. He was also Captain of the Jessup Competition Moot Court Team. He received his B.A. in Natural Sciences from the University of South Florida.

Professional Memberships

American Bar Association

Alabama State Bar

Birmingham Bar Association

Defense Research Institute

International Association of Defense Counsel

Experience

Retained as counsel for chemical company sued in alleged PFOA and PFOS contamination of municipal water supply.

Retained as counsel for painting products manufacturer to defend benzene-AML (acute myeloid leukemia) death case filed in Franklin County, Alabama.

Retained as trial counsel by excess insurance carrier in tractor trailer-pedestrian wrongful death case in Muscogee County, Georgia.

Retained as medical issues counsel in defense of multiple cases claiming occupational asthma from workplace isocyanate exposure at manufacturing facility.

Retained to defend chemical distributor in alleged kidney cancer caused by TCE (trichloroethylene) case filed in Fort Worth, Texas.

Retained to defend plumbing products manufacturer in defective product suits filed in Florida, North Carolina and South Carolina.

Retained as counsel for petrochemical products distributor to defend benzene-acute myelogenous leukemia death lawsuit filed in Jefferson County, Texas.

Retained to defend mining company in consolidated claims filed on behalf of over 200 coal miners alleging respiratory injuries from inhalation of isocyanate-based coal dust suppressant.

Retained by battery manufacturer to independently review extensive discovery and to provide an evaluation of liability exposure arising from an underground mining explosion and fire resulting in 13 death cases and 14 personal injury cases with aggregate settlement demands in excess of $100,000,000.

Retained as medical issues and damages counsel by national manufacturing company in defense of explosion and fire resulting in two deaths and two burn injury claims.

Retained to defend automated equipment manufacturer in 300 consolidated products liability claims by former automotive parts manufacturing employees alleging respiratory and other health conditions resulting from fumes and chemical exposures.

Retained as trial counsel in mesothelioma case in California, Connecticut, Georgia, Ohio, Pennsylvania, Texas and Washington.

Retained to defend manufacturer of commercial pesticide and big box retailer in products liability suit alleging loss of eyesight from product use.

Retained to defend products liability suit for burns arising from operation of Japanese manufacturer's shrink wrap heat press equipment.

Retained as trial counsel for steel company in consolidated asbestos cases in Kanawha County, West Virginia.

Retained as trial co-counsel for electric power company in asbestos litigation in Pennsylvania and in West Virginia.

Retained to represent bottler of ephedra food supplements against claims arising in Arkansas, Arizona, and Florida.

Retained to defend natural gas pipeline owner in wrongful death case of pipeline construction worker.

Retained to defend manufacturer of flexible gas line fitting in explosion/burn product liability case.

Retained to represent German manufacturer of motorcycle transmission in wrongful death case involving performance testing by professional test rider during pre-production testing of high-performance motorcycle.

Retained by excess carrier to represent insured trucking company and driver in lawsuit arising from 18-wheeler truck crash seriously injuring physician, pregnant wife and other family members.

Retained to defend national retail store chain in coverage declaratory judgment action brought by insurance carrier and obtained coverage and payment of legal fees for defense of coverage suit.

Retained to defend manufacturer of submersible underground water pumps in class action by private well owners alleging water contamination and increased cancer risks due to leaking lubricants and obtained dismissal of suit without payment of indemnity.

Obtained reversal on behalf of pulp and paper mill company of workers compensation benefits award for a claim of occupationally caused lung cancer by successfully challenging the basis of opposing experts opinions.

Retained as lead trial counsel in 6-week trial in Pittsburgh and obtained defense verdicts of all 23 consolidated personal injury and death claims alleging respiratory diseases and cancers arising from asbestos exposures in steel mills.

Retained to defend Japanese manufacturer of facsimile machine in subrogation fire loss claim brought by insurance carrier.

Retained to defend TPA in ERISA, fraud and bad faith lawsuit arising from denial of claims under medical benefits policy.

Retained to defend national fast food franchise chain in coverage litigation brought by its carrier seeking denial of coverage for wrongful deaths of four employees occurring during store robbery and obtained dismissal of suit.

Retained as trial counsel by national telecommunications provider to defend company and their 18-wheel truck driver in personal injury lawsuit arising from automobile-truck intersection accident and obtained a defense verdict.

Retained to defend manufacturer of power generation unit in case involving explosion of product with alleged serious personal injuries to operator including post-traumatic stress syndrome.

Retained as local counsel representing two power hand tool manufacturers in first known lawsuit alleging sino-nasal cancer from wood dust exposure and obtained dismissal with prejudice without payment of indemnity dollars.

Successfully represented private lake owner resulting in case of first impression regarding water rights in the State of Alabama.

Retained to represent personal lines insurance carrier in defense of all bad faith and extra-contractual claims filed in Alabama.

Retained and successfully represented franchisee in wrongful termination of franchise litigation involving breach of contract and fraud claims.

Retained and obtained summary judgment on behalf of general contractor in defense of construction defect claim involving prison facility.

Retained by medical malpractice insurer to review disputed claims, provide coverage opinions and to file declaratory judgment actions and claims in intervention.

Retained to defend healthcare insurer in bad faith and breach of contract cases arising from rescission of policyholder's individually underwritten policies.

Retained as regional counsel (southeastern United States and Caribbean) from 1990 to 1993 for a manufacturer of asbestos insulation products with responsibility across the region for development, implementation and management of defense strategies, trial strategies, engagement of expert witnesses, defense cost savings, indemnity budgets, negotiations and strategies for individual and mass case settlements, and reporting to client's management team on an average inventory of 20,000 pending cases.

Retained as lead trial counsel for mid-size manufacturing company's commercial suit against Fortune 100 manufacturing company for tort and warranty claims arising from national product recall due to corrosion from a lubricant.

Retained as national coordinating counsel for product manufacturer new to asbestos litigation and assigned task of developing strategies and protocols regarding defense of cases, preparation of company witnesses, confirmation of insurance coverage and other matters related to the client's defense.

Education

Awards