Lee & McInish, P.C. Attorneys and Counselors at Law

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Peter A. McInish

Tel (Direct)- (334) 836-1023
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Pete McInish, a native of Dothan, Alabama, and a member of Lee & McInish, P.C., practices in the areas of general civil litigation, workers' compensation, real estate and business transactions, probate, and domestic relations. Pete has a 20-plus year litigation experience, having represented defendants in most areas of tort litigation. He has trial experience in federal and state courts in Southeast Alabama. His litigation practice is primarily devoted to the defense of civil tort actions, including wrongful death, fraud, bad faith, premises liability and workers' compensation claims.

Pete also heads the firm’s real estate and transactional law department, with the assistance of two full-time closing assistants. The firm has the in house capability of preparing and closing residential and commercial transactions, and is an authorized First American Title Insurance agent in both Alabama and Florida.

Pete is married to Jennifer Solomon McInish. Jennifer is from Headland, Alabama. Pete and Jennifer have two children, Mary Margaret McInish and Peter Allen McInish, Jr. He is a member of First United Methodist Church.

Areas of Practice

General civil litigation

Workers' compensation

Domestic Relations

Estate and Probate

Health law

Real Estate and Business Transactions

Civil Mediation

Bar Admissions

Alabama, 1983

U. S. District Court, Middle District of Alabama 1983

U. S. Court of Appeals, 11th Circuit
1985

Education

Cumberland School of Law
Samford University
J.D., Doctor of Jurisprudence 1983

University of Alabama
B.A., Bachelor of Arts 1980

Professional Associations and Memberships

Alabama State Bar (Member)

Character and Fitness Committee (1999- Present)
Family Law Section

Defense Research Insitute (Member)

American Bar Association (Health Law Section)

Roster Civil Mediator,
Alabama Center for Dispute Resolution

Personal Information

Born September 17, 1958- Mobile, Alabama

Lee & McInish, P.C.

Address: 238 W. Main St.(P.O.Box 1665, 36302), Dothan, AL 36301

Tel: (334) 792-4156

Fax: (334) 794-8342
Email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Website: www.leeandmcinish.com

All attorneys regularly try civil jury and non-jury cases in Dothan (Houston County); Geneva (Geneva County); Ozark (Dale County); Enterprise (Coffee County); Elba (Coffee County); Andalusia (Covington County); Abbeville (Henry County; Eufaula (Barbour County).

Events

Two of Houston County's Circuit Judges, Lawson Little and Edward Jackson, recently retired. Our congratulations go out to Mike Conaway and Kevin Moulton, who were recently appointed by the Governor to fill the vacated judgeships. Judge Conaway has already been sworn in, and Judge Moulton's swearing in ceremony is scheduled for June 25, 2010.

Annual Meeting of the Alabama Defense Lawyer's Association, Sandestin Beach Resort, June 17, 2010

ACA 71st Annual Convention, July 11-14, Washington D.C.

Legislative News

The Alabama Legislature has convened the 2010 session. Of the almost 600 bills filed thus far, we've identified the following as noteworthy:

HB20: proposes a revised Uniform Arbitration Act

HB21:would remove the cap on permanent partial disability

HB24: would increase the homestead exemption by 6%

HB32: proposes to allow grandparents to petition for visitation with grandchildren

HB35: bans text message and GPS use while operating a motor vehicle

HB45: would ban same-sex partner benefits from being offered by state colleges and universities

HB102: would make misappropriation of trade secrets a crime

HB103: grants limited immunity to property owners acting in self defense

About the only Senate bill relevant to our clients would be SB215, extending the statute of limitations for claims of toxic exposure. There will not doubt be other Senate bills of interest as the 2010 Session progresses.

Recent Decisions

In a recent unpublished decision rendered by the 11th Circuit, our firm represented the Alabama-West Florida Conference of the United Methodist Church in a case involving the application of the ministerial exception. The primary issue on appeal was whether the District Court properly granted a motion to dismiss under 12(b)(6) when it found the ministerial exception applicable to plaintiff's (a minister) employment discrimination claims. Of particular interest was whether the ministerial exception is applicable to claims of race discrimination under Section 1981. The 11th Circuit affirmed, finding that the ministerial exception precluded all of plaintiff's claims of employment discrimination, including the Section 1981 claims. At this writing, the case is still within the period for an application for reconsideration or en banc review.

11th Circuit affirms judicial estoppel: in Robinson v. Tyson Foods, Inc., __ F.3d __ (11th Cir. 2010) failed to disclose in a Chapter 13 case her claim against Tyson. She had a confirmed Chapter 13 plan, paid out, and never amended her schedules. The District Court granted summary judgment for Tyson on judicial estoppel grounds, and the 11th Circuit affirmed.

BMJA, LLC v. Murphy: the Alabama Supreme Court held that simply recording a judgment does not create a lien under Ala. Code 6-9-210, 211. The lien is created only upon the filing of a certificate of judgment.

Firm News

Lee & McInish is very proud to count among its attorneys two "Super Lawyers." Now included in the Super Lawyers directory for Alabama lawyers are William L. ("Bill") Lee, III and Alan C. Livingston. The recognition and honor is well-deserved by both.

Firm members become members of Asso. of Credit and Collection Professionals

Lee & McInish now has the ability to assist its clients with their title insurance needs in Florida through First American Title Insurance Company.