Mr. Matthew H. Lembke
Bradley Arant Boult Cummings LLP
1819 Fifth Avenue North
Birmingham, AL 35203

Phone    (205) 521-8560
Fax         (205) 488-6560
Email      mlembke@bradley.com
Website www.bradley.com/matthew-h-lembke/

Type of Case: Civil
Admitted to practice:
Supreme Court
2nd Circuit, 4th Circuit, 5th Circuit, 10th Circuit, 11th Circuit, D.C.
AL

Matt Lembke, who clerked for Justice Kennedy at the Supreme Court of the United States, has over 25 years of experience in handling appeals pending in both state and federal courts, including arguing cases in the Alabama Supreme Court, the Alabama Court of Civil Appeals, and the D.C., Fifth, and Eleventh Circuits. Matt has also served on trial teams in major litigation to ensure that appellate issues are properly preserved. Matt has often been called on to serve as appellate counsel in matters where other lawyers handled the trial, including cases with large punitive damages verdicts.

Matt works closely with each client to formulate a creative, cost-effective strategy to achieve his client’s objectives. Matt has extensive experience in handling high-profile, challenging cases for clients in Alabama and across the region. His experience includes:

• Served as appellate counsel for a national hospice company in a nationally significant False Claims Act case.

• Representation of a major healthcare provider in the appellate reversal of a $20 million wrongful death judgment in a medical malpractice case handled at trial by another firm.

• Representation of a national chemicals company as the appellate member of a trial team in connection with toxic tort litigation brought by former plant workers.

• Defense of Monsanto Company in multiple appeals of personal injury and property damage cases arising from alleged environmental contamination.

• Represented the State of Alabama in multiple appeals in litigation with Georgia and Florida concerning interstate water rights.

Outside his law practice, Matt closely follows developing legal issues, and the press often seeks his comments on them. Recently, he has been interviewed on Fox News and MSBNC, as well as by the New York Times, Law360, and Bloomberg Law.

Degrees:

  • B.A. summa cum laude, Rhodes College (1988)
  • J.D., University of Virginia (1991)

Practice Focus:

  • Federal and state appellate and trial practice with focus on business torts, commercial litigation, interstate water disputes, environmental litigation, tax litigation, and election law.

Publications:

  • The Role of Policy Culpability in Leon and Youngblood, 76 Va. L. Rev. 1213 (1990).

Representative Cases:

  • Jefferson Co. Commission v. Edwards, 49 So. 3d 685 (Ala. 2010) (reducing amount of tax refund ordered by trial court in class action)
  • Southeastern Fed. Power Customers, Inc. v. Geren, 514 F.3d 1316 (D.C. Cir. 2008) (in tri-state water dispute, invalidating agreement between Corps of Engineers and State of Georgia concerning allocation of water storage at federal reservoir)
  • LaPerriere v. Vesta Ins. Group, Inc., 526 F.3d 715 (11th Cir. 2008) (in securities law case, ruling that a controlling person was not jointly and severally liable for damages under the Private Securities Litigation Reform Act)
  • Vulcan Lands, Inc. v. Surtees, 6 So. 3d 1164 (Ala. 2008) (reversing summary judgment in a tax refund case)
  • Ex parte Vulcan Materials Co., 992 So. 2d 1252 (Ala. 2008) (on mandamus, reversing trial court discovery ruling)
  • Ex parte Cooper Tire & Rubber Co., 987 So. 2d 1090 (Ala. 2007) (initial case establishing e-discovery requirements in Alabama)
  • Barber v. Jefferson Co. Racing Ass’n, 960 So. 2d 599 (Ala. 2006) (reversing trial court ruling that “sweepstakes” machines did not constitute gambling under Alabama law)
  • Pharmacia Corp. v. Suggs, 932 So. 2d 95 (Ala. 2005) (rejecting attempt to revive a settled class action in an environmental contamination case)
  • B.T. Securities Corp. v. W.R. Huff Asset Management Co., 891 So. 2d 310 (2004) (overturning trial court’s refusal to dismiss securities law case based upon federal preemption)
  • Russell Corp. v. American Home Assurance Co., 264 F.3d 1040 (11th Cir. 2001) (affirming district court decision remanding insurance coverage action to state court).

Honors and Awards:

  • Member, American Law Institute
  • Chair (2011-12). Council of Appellate Lawyers
  • Co-Chair, 2011 Appellate Practice Institute
  • Best Lawyers in America (Appellate Litigation, Commercial Litigation, Water Law)
  • Alabama SuperLawyers
  • Member, Alabama Standing Committee on Rules of Appellate Procedure
  • Phi Beta Kappa
  • Order of the Coif
  • Temple Bar Scholar.

Nature of Firm's Practice:

  • Full-service litigation and transactional practice.

Other Information:

  • Law Clerk to Hon. Anthony M. Kennedy, Supreme Court of the United States (1992-93)
  • Law Clerk to Hon. J. Harvie Wilkinson III, United States Court of Appeals for the Fourth Circuit (1991-92).