Randal H. Sellers

Randal H. Sellers
Of Counsel

Randy Sellers practiced law at Starnes Davis Florie from 1981 - 2016 and is currently on sabbatical attending Virginia Theological Seminary.

Practice

Randy's practice has been devoted to civil litigation including healthcare, professional medical liability, long-term care, intellectual property and complex commercial litigation. He has tried more than 200 complex civil cases to a jury verdict.

Highlights

* Obtained a defense verdict for an internist in a wrongful death case involving an allegation that the internist failed to diagnose an esophageal perforation following gastrointestinal surgery.

* Obtained a defense verdict on behalf of nurse practitioner in a Memphis, Tennessee medical malpractice case involving endophthalmitis and loss of left eye.

* Obtained a defense verdict for an emergency room physician in a wrongful death case involving complications due to bowel obstruction.

* Successfully represented UAB and UAB Research Foundation in litigation concerning inventership of new device to assist surgeons during laparoscopic surgery.

* Represented Marshall Investments Corporation in litigation stemming from the large-scale fraud at Le Natures Inc.

* Successfully represented Eton Park Capital Management in hedge fund/private equity litigation involving Latin American energy assets.

* Represented UAB and the UAB Research Foundation in a patent dispute relating to antiviral compounds used to treat Hepatitis B and helped UAB obtain a settlement with a minimum value of $15 million.

* Obtained a defense verdict for a general surgeon in a personal injury case involving a patient with a history of renal cancer who developed a mass in his left supraclavicular area that was suspicious for cancer.

 * Obtained a defense verdict on behalf of an obstetrician in a fetal death case involving complications associated with Parovirus B19.

* Obtained a defense verdict for a general surgeon and surgical group in a wrongful death case involving an intra-abdominal abscess resulting in septic shock.

* Obtained a defense verdict on behalf of an obstetrician in a birth injury case involving permanent brain injury and cerebral palsy.

* Obtained a defense judgment following a four day arbitration of a nursing home malpractice case involving claims of personal injury and wrongful death.

* Obtained defense verdict on behalf of surgeon in a wrongful death case in which the patient died at home of a perforated colon only hours after being evaluated by the surgeon in his office.

* Obtained defense verdict on behalf of obstetrician in birth injury case that resulted from a shoulder dystocia.

* Obtained a defense verdict for a family medicine physician in a wrongful death suit, where the physician was accused of failing to diagnose diverticulitis, peritonitis and sepsis.

* Obtained a defense verdict for an Emergency Room Physician after an emotional nine day trial centering on the death of two year old boy.

* Obtained a defense verdict on behalf of a nursing home following a five day jury trial in a case involving a rehabilitation resident who was assessed on admission as a high fall risk and who later fell, sustaining a depressed skull fracture with resulting brain injury.

* Obtained a defense verdict on behalf of a gastroenterologist following a seven day jury trial in a case involving a patient who suffered a cardio-pulmonary arrest during an endoscopic procedure performed under conscious sedation.

* Obtained a defense verdict for physician in a claim of missed diagnosis of temporal arteritis leading to permanent and total blindness.

* Obtained a defense verdict in favor of two pathologists in a case arising out of a false positive interpretation of breast tissue.

* Obtained a defense verdict in favor of a physiatrist in a case arising from alleged failure to timely diagnose cervical myelopathy resulting in bilateral leg paresis.

* Obtained a defense verdict on behalf of a specialty care assisted living facility in a wrongful death case involving an assault of a visitor by an Alzheimer's dementia resident.

* Obtained a defense verdict in favor of a hospital and nurses in a wrongful death case arising from alleged mismanagement of insulin therapy.

* Obtained a defense verdict on behalf of an Emergency Department physician in an eleven day wrongful death trial in the Circuit Court of Mobile County.

* Obtained a defense verdict in favor of two obstetricians and their professional corporation at the conclusion of an eight-day wrongful death and personal injury trial, arising from an intrauterine fetal demise which occurred 37 weeks into the plaintiff's pregnancy.

* Obtained a jury verdict in favor of an obstetrician involving upper extremity paralysis and brain injury associated with delivery.

* Obtained a jury verdict in a wrongful death case against a cardiovascular surgeon regarding complications of open heart surgery.

* Obtained a defense verdict in favor of a vascular surgeon in litigation related to amputation of a leg as a complication of surgery.

Honors And Awards

Randy is a Fellow of the American College of Trial Lawyers (ACTL).  He is past Chair of the ACTL Legal Ethics & Professionalism Committee and is past Chair of the ACTL Alabama State Committee.  He is a Diplomate of the American Board of Trial Advocates (ABOTA).  Randy also served on the Faculty at the 2011 International Association of Defense Counsel (IADC) Trial Academy at Stanford Law School.

Randy has been recognized as a top Litigator for the state of Alabama in the 2008 - 2016 editions of Chambers USA, and was named a Litigation Star for the state of Alabama in the 2008 - 2017 editions of  Benchmark Litigation.  He has also been listed in the 2001 -2018 editions of Best Lawyers in America® , and has been named one of the top attorneys in the state of Alabama by Mid-South Super Lawyers® magazine, 2008 - 2016

Community Involvement

Randy has served on the Vestry and numerous committees at St. Luke's Episcopal Church, including Chancellor to the Church and Chairman of the Outreach Committee. He has been active in several outreach ministries, including prison ministry.  He served on the Board of an interfaith network dedicated to assisting temporarily homeless families.  Randy is past Chairman of the Board of Directors of PreSchool Partners, an organization dedicated to preschool education of underprivileged inner-city children.

In 2004, he completed the Education For Ministry Program through the University of the South School of Theology.

Speeches And Publications

Randy has given numerous lectures and presentations to various groups, including most recently:

 * Fundamentals of Voir Dire, Defense Research Institute Attorney-Conducted Voir Dire For The Defense Lawyer Seminar, Boston, MA (January 13, 2015)

* Defending Fetal Death Cases,  Defense Research Institute Complex Medicine Seminar, San Diego, CA (November 13, 2014)

* Joint Defense Strategies, Oklahoma Defense Lawyers Association, Dallas, TX (June 20, 2014)

* Effective Use of Technology at Trial, DRI Trial & Tactics Seminar, Las Vegas, NV (March 22, 2013)

* Ethical Dilemmas for Litigators During Discovery and Trial, Moderator, Jere F. White, Jr. Trial Advocacy Institute CLE, Birmingham, AL (November 30, 2012)

* Ethical Dilemmas for Litigators During Discovery and Trial, Cumberland 19th Annual Employment Law Update, Birmingham, AL (November 16, 2012)

* Jury Selection, West Virginia Mutual Insurance Corporation Panel Council and Claims Department, Charleston, WV (October 26, 2012)

* Voir Dire and Jury Selection, Iowa Defense Counsel Association Annual Meeting, West Des Moines, IA (September 13, 2012)

* When is the Enemy of My Enemy My Friend? Joint Defense Strategies in Litigation, IADC Annual Meeting (Major Presentation), Asheville, NC (July 11, 2012)

* Jury Selection: Beyond Voodoo, Cleveland Association of Civil Trial Attorneys, Cleveland, OH (March 12, 2012)

* Medical Literature: Friend or Foe in the Medical Malpractice Trial, Defense Research Institute Medical Liability and Health Care Law Seminar, New Orleans, LA (March 8, 2012)

* Best Practices in Cross Examination of Experts at Trial, Webinar presented by the International Association of Defense Counsel Trial Tactics Committee, Birmingham, AL (March 6, 2012)

* Best Practices in Use of Mock Trials and Focus Groups - A Panel Discussion, International Association of Defense Counsel Trial Tactics Committee, Palm Springs, CA (February, 15, 2012)

* The American College of Trial Lawyers Code of Pretrial and Trial Conduct as the Basis of Ethical Practice of Law, American College of Trial Lawyers Tri-State Meeting, Sea Island, GA (February, 10, 2012)

* The American College of Trial Lawyers Code of Pretrial and Trial Conduct as the Basis of Ethical Practice of Law, American College of Trial Lawyers Eastern Chairs Workshop, Naples, FL (November 4, 2011)

Randy was a contributing author to:

* Randal H. Sellers and Thomas J. Hurney, Jr., "Picking Juries: Questionnaires and Beyond", IADC Defense Counsel Journal, Vol. 75, No. 4, Pages 370-377 (October 2008) *Please Note: this article was reprinted with the permission of the IADC Defense Counsel Journal.

Reported Cases

Thompson v. Patton, No. 1061540, 2008 WL 4531792 (Ala. Oct. 10, 2008).

Ware v. Timmons, ---So. 2d --- (Ala. 2006).

Holcomb v. Carraway, 945 So. 2d 1009 (Ala. 2006).

Bailey v. Breaux, 888 so. 2d 1208 (Ala. 2003).

Hauseman v. University of Alabama Health Services Foundation, 793 So. 2d 730 (Ala. 2000).

Giada v. Tucker, 746 so. 2d 998 (Ala. 1999).

Axelroth v. Health Partners of Alabama, Inc., 720 So. 2d 880 (Ala. 1998).

Ellis v. Hilburn, 688 So. 2d 236 (Ala. 1997).

Keel v. Banach, 624 so. 2d 1022 (Ala. 1993).

Levesque v. Regional Medical Center, 612 So. 2d 445 (Ala. 1993).

Northeast Alabama Regional Medical Center v. Robinson, 548 So. 2d 439 (Ala. 1989).

Long v. Hodges, 539 So. 2d 238 (Ala. 1989).

McGee v. Bradford, 534 So. 2d 1076 (Ala. 1988).

Otwell v. Bryant, 497 So. 2d 111 (Ala. 1986).

Baxter v. Surgical Clinic of Anniston, P.A., 495 So. 2d 652 (Ala. 1986).

Guthrie v. Bio-Medical Laboratories, Inc., 442 So. 2d 92 (Ala. 1983).

Watts v. Preferred Risk Mut. Ins. Co., 423 so. 2d 171 (Ala. 1982).

Vulcan Freight Lines, Inc. v. South Carolina Ins. Co., Inc., 446 So. 2d 603 (Ala. 1982).

Bradley v. Mariner Health, Inc., 315 F. Supp. 2d 1190 (S.D. Ala. 2004).

Pinkney v. Davis, 952 F. Supp. 1561 (M.D. Ala. 1997).

Zachery v. Thigpen, 895 F. Supp. 1472 (M.D. Ala. 1995).

Floyd v. Broughton, 664 So. 2d 897 (Ala. 1995).

Christian v. Johnson-Rast & Hays Co., 491 So. 2d 949 (Ala. Civ. App. 1986)

Gallups v. Crook, 792 F. Supp. 1231 (N.D. Ala. 1992).

 

Related News

11/7/2017 Twenty-Eight SDF Attorneys Named to the 2017 Edition of Mid-South Super Lawyers

8/29/2017 Twenty-Six SDF Lawyers Listed in the 2018 Edition of Best Lawyers in America

11/9/2016 Twenty-Six SDF Attorneys Named to the 2016 Edition of Mid-South Super Lawyers

8/15/2016 Twenty Starnes Davis Florie Attorneys Named to the 2017 Edition of Best Lawyers®

6/29/2016 Starnes Davis Florie Attorneys Eagan and Sellers Secure Defense Verdict for Internist After 8 Day Trial

6/22/2016 Global Law Experts Names Starnes Davis Florie LLP Professional Medical Liability Law Firm of the Year in Alabama 2016

5/29/2016 Starnes Davis Florie Receives Top Tier Ranking in Chambers USA 2016

4/26/2016 Randy Sellers Obtains Defense Verdict in a Memphis, Tennessee Medical Malpractice Trial

3/3/2016 Seven Starnes Davis Florie Attorneys Named "Leaders in their Field" in Chambers USA 2016

12/19/2015 SDF Attorneys Eagan and Sellers Secure Defense Verdict for Emergency Room Physician after Week Long Trial

10/22/2015 Sellers and Morris Obtain Defense Verdict in Personal Injury Trial

10/2/2015 Benchmark Litigation 2016 Named Starnes Davis Florie a Highly Recommended Litigation Firm

8/28/2015 Salter and Sellers Win Emotionally Charged Fetal Death Case

8/26/2015 Eagan and Sellers Secure Defense Verdict for General Surgeon and Surgical Group in Med Mal Trial

8/20/2015 Twenty Starnes Davis Florie Attorneys Named to the 2016 Edition of Best Lawyers®

6/23/2015 Sellers and Morris Secure Defense Verdict for OB/GYN in 2-Week Medical Malpractice Trial

6/15/2015 Starnes Davis Florie Wins Alabama Supreme Court Decision in Professor Shooting Suit

5/1/2015 Twenty-Six SDF Attorneys Named to 2015 Alabama Super Lawyers

2/25/2015 Seven Starnes Davis Florie Attorneys Named "Leaders in their Field" in Chambers USA 2015

1/23/2015 Starnes Davis Florie Attorney Randy Sellers Speaks at a DRI Voir Dire Seminar in Boston, MA

1/17/2015 Starnes Davis Florie Attorneys Reese & Sellers Obtain Defense Judgment in Nursing Home Case

12/10/2014 Starnes Davis Florie Attorneys Sellers and Reese Obtain Defense Verdict in Wrongful Death Trial

9/5/2014 Starnes Davis Florie Named a Highly Recommended Litigation Firm in the 2015 Edition of Benchmark Litigation

8/20/2014 Seventeen Starnes Davis Florie Attorneys Named to the 2015 Edition of Best Lawyers®

5/30/2014 Starnes Davis Florie Receives Top Tier Ranking in Chambers USA 2014

5/1/2014 SDF Attorneys Randy Sellers & Ben Morris Obtain Defense Verdict for Obstetrician

4/29/2014 Thirty SDF Attorneys Named to Alabama Super Lawyers 2014

2/10/2014 Seven Starnes Davis Florie Attorneys Named "Leaders in their Field" in Chambers USA 2014

12/20/2013 Starnes Davis Florie Attorneys Sellers & Hines Obtain Defense Verdict in Wrongful Death Case

11/13/2013 Starnes Davis Florie Attorneys Obtain Defense Verdict in Mobile County Following a 9 Day Trial

8/30/2013 Sixteen Starnes Davis Florie Attorneys Named to the 2014 Edition of Best Lawyers®

6/27/2013 Starnes Davis Florie Attorneys Secure Judgment as a Matter of Law after Five Day Trial for Hospital and Three ICU Nurses

5/29/2013 Starnes Davis Florie Receives Top Tier Ranking in Chambers USA 2013

5/8/2013 Starnes Davis Florie Attorneys Reese & Sellers Win Nursing Home Trial

5/8/2013 Starnes Davis Florie Attorneys Reese & Sellers Win Seven Day Wrongful Death Trial

5/2/2013 Twenty-Six Starnes Davis Florie Attorneys Listed in Alabama Super Lawyers 2013

3/25/2013 Starnes Davis Florie Attorney Randy Sellers Presents on the Topic of Effective Use of Technology at Trial

2/6/2013 Five Starnes Davis Florie Attorneys Named to Chambers USA 2013

9/28/2012 Starnes Davis Florie Highly Ranked in 2013 Benchmark Litigation & Benchmark Appellate

9/19/2012 Seventeen Starnes Davis Florie Attorneys Named to the 2013 Edition of Best Lawyers®

7/20/2012 Starnes Davis Florie Attorney Randy Sellers Presents at Annual IADC Meeting

6/13/2012 Starnes Davis Florie Received Top Tier Ranking in Chambers USA 2012

5/1/2012 Twenty-Two Starnes Attorneys Listed in Alabama Super Lawyers

3/19/2012 Five Starnes Attorneys Named to Chambers USA 2012

3/12/2012 Starnes Davis Florie Attorney Randy Sellers Presents on the Topic of Cross Examination of Experts at Trial

10/14/2011 Benchmark Litigation Names SDF one of Alabama's Highly Recommended Litigation Firms

9/2/2011 Nine Starnes Attorneys Listed in 2011 Super Lawyers Business Edition

9/1/2011 Sixteen Starnes Attorneys Named to Best Lawyers 2012

7/8/2011 Starnes Davis Florie Received Top Tier Ranking in Chambers USA 2011

6/27/2011 Sellers & Reese Obtain Defense Verdict in Colbert County Medical Malpractice Trial

4/29/2011 Twenty Starnes Attorneys Listed in Alabama Super Lawyers

3/14/2011 Five Starnes Attorneys Named to Chambers USA 2011

10/27/2010 Sellers and Morris Prevail at Trial

10/15/2010 Sellers and MacKenzie Obtain Defense Verdict for Pathologists

10/6/2010 Benchmark Litigation Names SDF one of Alabama's Highly Recommended Firms

8/7/2010 Sixteen Starnes Attorneys Named to Best Lawyers 2011

7/12/2010 Sellers and Reese Obtain Defense Verdict in Favor of Physiatrist

6/16/2010 Starnes Davis Florie Obtains Top Tier Listing in Chambers USA 2010

Practices

Appellate Law
Business Litigation
Intellectual Property
Legal Malpractice
Long Term Care & Nursing Home Litigation
Medical Malpractice Defense
Professional Licensing Defense

Education

J.D., Vanderbilt University (1981)
B.A., cum laude, Vanderbilt University (1978)

Bar Admissions

Alabama, 1981

Courts

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