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    John Graham photograph

    John M. Graham

    Partner

    Birmingham
    205-716-5235
    john.graham@phelps.com
    Areas Of Focus
    Litigation

    With extensive experience in the courtroom as well as with all aspects of litigation, from pre-lawsuit investigations to appellate work, John Graham’s practice focuses on vigorously defending the transportation and commercial industry. Much of his work is involved in the regular representation of Norfolk Southern Corporation and its subsidiaries and affiliated companies, and he is widely recognized as a leader in Class I railroad litigation. He can be counted on to master the details of a large portfolio of litigation while knowing and advancing the big picture goals for the client. Throughout the entire process, he gives frank and early assessments of a case, giving clients an early, realistic view of the case and what position to take. He believes in truly getting to know and understand the players and personalities in each case to put his client in a better position to resolve short of trial if that is ideal, or prevail at trial if needed.

    John is an active member of his church and devoted father of four. He has previously served as an adult leader volunteer in the Boy Scouts of America, as well as Trail Life USA.

    Experience

    • Successfully defended Class I railroad as co-lead counsel in a claim for alleged occupational injuries by a dispatcher, saving the company from a likely floodgate of litigation by other dispatchers asserting similar claims. Due to the defense verdict received, no such other claims have been received.
    • Represented a Class I railroad in a lawsuit arising from a grade crossing collision between a train and a loaded log truck. The case went to the Alabama Supreme Court, which ruled for the railroad, emphatically reaffirming the doctrine of “stop, look, and listen.” The successful resolution has drastically reduced the amount of grade-crossing litigation for all railroads through the State of Alabama.
    • At both trial court and appellate level, he successfully defended a Class I railroad against a nuisance claim by a property owner whose residence was adjacent to the railroad tracks that were used as a staging area for coal trains. The success of this case was one of first impression in the state, shutting down a wide range of possible claims and setting important precedent for the railroad industry nationwide.
    • Defended a Class I railroad at trial court and on appeal in a personal injury premises liability claim. As a result of the case and prior Alabama precedent cases, premises liability litigation against this client and other railroads in Alabama decreased significantly.
    • Represented a major Georgia-based bank in a hotly-contested, complex commercial litigation case brought against it by one of its significant customers. The major victory for the bank saved not only its reputation but also the viability of other similar derivative agreements, including millions of dollars at stake that would have been jeopardized by anything other than a successful outcome of the case.

    Insights

    • August 15, 2024

      185 Phelps Lawyers Chosen for Best Lawyers in America, 20 Named "Lawyer of the Year," 26 Added to “Ones to Watch” List…

    • August 17, 2023

      Best Lawyers in America Selects 208 Phelps Lawyers, Names 12 "Lawyer of the Year," Adds 47 to "Ones to Watch" List…

    More +
    • August 18, 2022

      Best Lawyers in America Selects 158 Phelps Lawyers, Names 10 "Lawyer of the Year," Adds 40 to "Ones to Watch" List…

    • November 30, 2021

      Super Lawyers Names 23 Phelps Attorneys to 2021 Mid-South Lists…

    Recognition

    • Mid-South Super Lawyers list, Super Lawyers (2018-2021)
    • AV Preeminent Peer Review Rated, Martindale-Hubbell
    • Personal Injury Litigation - Defendants (2010-2025), Railroad Law (2010-2025), Transportation Law (2021-2025), “Lawyer of the Year” Railroad Law (2015), "Lawyer of the Year" Transportation Law (2022), The Best Lawyers in America
    • Mid-South Super Lawyers list, Super Lawyers (2018-2021)
    • AV Preeminent Peer Review Rated, Martindale-Hubbell
    • Personal Injury Litigation - Defendants (2010-2025), Railroad Law (2010-2025), Transportation Law (2021-2025), “Lawyer of the Year” Railroad Law (2015), "Lawyer of the Year" Transportation Law (2022), The Best Lawyers in America

    Education

    • University of Alabama School of Law, J.D., Order of the Coif, 1992
    • University of Alabama, B.S., Mathematical Statistics, magna cum laude, 1989
    • University of Alabama School of Law, J.D., Order of the Coif, 1992
    • University of Alabama, B.S., Mathematical Statistics, magna cum laude, 1989

    Credentials

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

    Memberships and Affiliations

    • American Bar Association
    • Birmingham Bar Association
    • National Association of Railroad Trial Counsel
    • Alabama Defense Lawyers Association
    • Defense Research Institute
    • American Bar Association
    • Birmingham Bar Association
    • National Association of Railroad Trial Counsel
    • Alabama Defense Lawyers Association
    • Defense Research Institute
    • Overview
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    • Litigation
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