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    Diane Maughan photograph

    Diane Babb Maughan

    Partner

    Birmingham
    205-716-5241
    diane.maughan@phelps.com
    Areas Of Focus
    LitigationIntellectual PropertyAppellate

    For over 20 years, Diane Maughan has strived to protect the interests of business owners and their companies, representing them in contract disagreements, commercial real estate disputes, trademark infringement claims and other matters. Diane works hard to help clients avoid potential litigation on the front end by thinking proactively and responding quickly to any potential concerns.

    When litigation does occur, Diane prepares extensively and evaluates all options to help clients put their best case forward to end the litigation as favorably and efficiently as possible, whether through summary judgment, trial or resolution by settlement. She has litigated in state and federal courts at both the trial and appellate levels, and represents clients in arbitrations, administrative proceedings and matters pending before the Trademark Trial and Appeal Board.

    Diane has successfully defended clients in Alabama state and federal cases involving:

    • Commercial Real Estate
    • Transportation
    • Health care
    • Home Security
    • Retail
    • Manufacturing

    Diane’s competitive nature drives her actions in the courtroom and beyond. In her early years as a competitive swimmer, she learned the value of dedication and working hard to achieve a goal. She is now an avid Crossfitter and begins each day in the gym with that strong work ethic.

    Diane also heads the firm's Birmingham litigation team and serves on its Pro Bono Committee.

    Diane has successfully defended clients in Alabama state and federal cases involving:

    • Commercial Real Estate
    • Transportation
    • Health care
    • Home Security
    • Retail
    • Manufacturing

    Diane’s competitive nature drives her actions in the courtroom and beyond. In her early years as a competitive swimmer, she learned the value of dedication and working hard to achieve a goal. She is now an avid Crossfitter and begins each day in the gym with that strong work ethic.

    Diane also heads the firm's Birmingham litigation team and serves on its Pro Bono Committee.

    Experience

    • Diane has extensive experience in appellate work and has successfully argued appeals before the Alabama Supreme Court and the United States Court of Appeals for the Eleventh Circuit. She served as a law clerk to the Honorable Perry O. Hooper, Sr., Chief Justice of the Supreme Court of Alabama.
    • Persuaded the U.S. District Court for the Northern District of Alabama to dismiss claims filed on behalf of 76 plaintiffs against a railroad client on the grounds that the claims were completely preempted by the Interstate Commerce Commission Termination Act of 1995, 49 U.S.C. § 10101 et seq., (“ICCTA”). The court’s order established new precedent in the Northern District of Alabama regarding the scope of ICCTA preemption of claims involving transportation by rail carriers. The underlying events were highly publicized in the media and the dismissal of all claims against the client allowed it to avoid further negative publicity.
    • Successfully defended a trademark infringement action filed against a retail client by obtaining entry of summary judgment and an award of attorney fees against the plaintiff under Section 35 of the Lanham Act, (15 U.S.C. § 1117(a)). The award of attorney fees was significant because the statute only allows such an award in exceptional cases.
    • Prosecuted an action in federal court to enforce a non-competition and non-solicitation agreement on behalf of the third-largest home security company in the U.S., to prevent a former dealer from soliciting its customers. A favorable settlement was obtained for the client, allowing it to recoup losses and avoid further damage to its business and customer relations in the territory at issue.
    • Prevailed in an arbitration proceeding in a commercial lease dispute involving the assignment of a hospital lease, persuading the arbitration panel that the tenant should remain liable on its guaranty. The victory preserved for the landlord a corporate guaranty by one of the nation’s leading operators of general acute care hospitals, which was worth $30 million dollars over the term of the lease agreement.
    • Presented oral argument to the Eleventh Circuit Court of Appeals and successfully defended a judgment entered in favor of an Alabama retail client accused of trademark infringement by a nationwide retailer with more than 1,000 locations. This case epitomized the story of David v. Goliath and the triumph allowed the client to expand its business and open several other locations.
    • Obtained dismissal of defamation and related claims against a national news media company for its cable news channel’s reporting on Alabama’s 2017 U.S. Senate special election.
    • Defended against a subpoena issued to a national news correspondent for a cable television news network based, in part, on statutory news reporter’s privilege and constitutional privilege. 
    • Prosecuted an action in federal court to enforce a non-competition and non-solicitation agreement on behalf of the third-largest home security company in the U.S., to prevent a former dealer from soliciting its customers. A favorable settlement was obtained for the client, allowing it to recoup losses and avoid further damage to its business and customer relations in the territory at issue.
    • Prevailed in an arbitration proceeding in a commercial lease dispute involving the assignment of a hospital lease, persuading the arbitration panel that the tenant should remain liable on its guaranty. The victory preserved for the landlord a corporate guaranty by one of the nation’s leading operators of general acute care hospitals, which was worth $30 million dollars over the term of the lease agreement.
    • Presented oral argument to the Eleventh Circuit Court of Appeals and successfully defended a judgment entered in favor of an Alabama retail client accused of trademark infringement by a nationwide retailer with more than 1,000 locations. This case epitomized the story of David v. Goliath and the triumph allowed the client to expand its business and open several other locations.
    • Obtained dismissal of defamation and related claims against a national news media company for its cable news channel’s reporting on Alabama’s 2017 U.S. Senate special election.
    • Defended against a subpoena issued to a national news correspondent for a cable television news network based, in part, on statutory news reporter’s privilege and constitutional privilege. 

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    Recognition

    • Commercial Litigation (2023-2025), Railroad Law (2023-2025), Litigation - Real Estate (2024-2025), The Best Lawyers in America
    • Who’s Who in Law, Birmingham Business Journal (2020)
    • Top Attorneys in Birmingham, Intellectual Property and Appellate Law, Birmingham Magazine (2019-2020)
    • Top Lawyers, B-Metro (2016-2020)
    • Top Women Lawyers, B-Metro (2015-2020)
    • Alabama Rising Stars, Super Lawyers (2011-2014)
    • Commercial Litigation (2023-2025), Railroad Law (2023-2025), Litigation - Real Estate (2024-2025), The Best Lawyers in America
    • Who’s Who in Law, Birmingham Business Journal (2020)
    • Top Attorneys in Birmingham, Intellectual Property and Appellate Law, Birmingham Magazine (2019-2020)
    • Top Lawyers, B-Metro (2016-2020)
    • Top Women Lawyers, B-Metro (2015-2020)
    • Alabama Rising Stars, Super Lawyers (2011-2014)

    Education

    • University of Alabama School of Law, J.D., summa cum laude, 1999
    • Baylor University, B.A., magna cum laude, 1996
    • University of Alabama School of Law, J.D., summa cum laude, 1999
    • Baylor University, B.A., magna cum laude, 1996

    Credentials

    • Alabama
    • U.S. District Court, Northern District of Alabama
    • U.S. District Court, Middle District of Alabama
    • U.S. District Court, Southern District of Alabama
    • U.S. Court of Appeals for the Eleventh Circuit
    • Alabama
    • U.S. District Court, Northern District of Alabama
    • U.S. District Court, Middle District of Alabama
    • U.S. District Court, Southern District of Alabama
    • U.S. Court of Appeals for the Eleventh Circuit

    Memberships and Affiliations

    • Alabama Defense Lawyers Association, Women in the Law Committee - Philanthropy Chair (2021-2023), Publications Chair (2019-2021)
    • Birmingham Bar Association - Court Liaison Committee
    • Defense Research Institute
    • Alabama State Bar
    • Alabama Law Review - Managing Board
    • Bench and Bar Legal Honor Society
    • Birmingham CREW (Commercial Real Estate Women)
    • Alabama Defense Lawyers Association, Women in the Law Committee - Philanthropy Chair (2021-2023), Publications Chair (2019-2021)
    • Birmingham Bar Association - Court Liaison Committee
    • Defense Research Institute
    • Alabama State Bar
    • Alabama Law Review - Managing Board
    • Bench and Bar Legal Honor Society
    • Birmingham CREW (Commercial Real Estate Women)
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    Related Services

    • Litigation
    • Intellectual Property
    • Appellate
    • Health Care Litigation
    • Construction/Design
    • Media and First Amendment Law
    • Unfair Competition and Business Torts
    • Real Estate and Construction
    • Media, Sports and Entertainment
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