J. Kerry Burgess

Kerry is a natural litigator whose approach to the practice of law is focused on integrity and aggressive advocacy. Kerry represents both plaintiffs and defendants in a broad spectrum of cases including business, civil, complex litigation, intellectual property, personal injury and professional liability. Kerry has counseled clients in cases ranging from intellectual property disputes to federal environmental regulatory issues. Kerry practices in all Alabama courts including the United States District Courts for the Northern, Middle and Southern Districts and the United States Court of Appeals for the Eleventh Circuit, as well as in administrative proceedings and arbitrations. He has extensive experience representing individuals and firms in matters involving engineer and architect liability. Additionally, he handles various matters involving workers compensation, fraud, bad faith and professional negligence.

Practice Areas

Appeals
Automobile Litigation
Breach of Contract
Construction Litigation
Coverage Litigation
Dram Shop Liability
General Civil Litigation
Insurance Coverage Litigation
Intellectual Property
Personal Injury Litigation
Trucking Litigation
Workers’ Compensation

Architects and Engineers
Bad Faith
Business Litigation
Complex Litigation
Design Professionals
Employment Litigation
Extra-Contractual Litigation
Homeowners’ Liability
Mold Litigation
Premises Liability
Retail and Restaurant Defense
Wrongful Death

Recent Notable Results

Defended an environmental engineering firm in a very complex mass tort environmental case affecting multiple homeowner plaintiffs and successfully resolved the case prior to trial;
Won a complete defense verdict after a week-long jury trial defending a local Birmingham family-owned company sued for negligence, fraud and deceit, and won the case again in the Alabama Supreme Court after the plaintiff appealed;
Won summary judgment on behalf of a professional engineer and his firm following oral argument in a negligence, fraud and breach of contract case involving allegations of flooding and water intrusion in South Alabama;
Defended a major custom home builder in north Alabama sued for theft of intellectual property involving architectural floor plans, and won summary judgment in the United States Federal District Court;
Won summary judgment on behalf of a property company and its owner located in Warrior, Alabama who were sued by a developer for fraud, negligence, and breach of contract;
Won a complete defense verdict on behalf of individual real estate agent and real estate company in a multi-party arbitration involving claims of negligence, fraud and breach of contract;
Won summary judgment on behalf of a civil engineering firm sued by a developer for negligence and breach of contract;
Successfully argued before the Alabama Supreme Court a venue transfer motion in a bad faith and fraud case that allowed his client, a retired nurse, to litigate her case in her home venue;
Defended national telecommunications company in litigation involving utility easements and personal injuries;
Defended national engineering and architectural firm in protracted litigation involving complex issues related to land use, federal wetlands delineations and regulations, various federal and state environmental concerns and preservation of national historic resources;
Successfully Defended national engineering firm in a multiple defendant case involving a highway collapse;
Won summary judgment on behalf of an engineering firm in a multiple party case involving claims of professional negligence and water intrusion;
Successfully defended various municipalities, officials and police officers in numerous cases involving governmental immunity, land use, discrimination– and excessive force, including winning cases on summary judgment.

Memberships

Birmingham Bar Association
Alabama State Bar
Alabama Defense Lawyers Association
Defense Research Institute
American Bar Association

Personal

Prior to practicing law, Kerry studied with world renowned artists and placed in state and national competitions as a concert classical guitarist. In his free time, Kerry continues to perform with his guitar on stage, in venues throughout Alabama and the southeast playing various styles ranging from classical and modern to popular and rock.