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

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William C. Carn, III

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Born in Augusta, Georgia in 1953, Bill Carn grew up the son of military parents, and lived in various parts of the country before graduating from Oscoda Area High School in Oscoda, Michigan in 1971. After one year at the University of Georgia, Mr. Carn transferred to Auburn University and received his B.A. degree, Cum Laude, in 1975, majoring in history.

Mr. Carn attended the Cumberland School of Law at Samford University on a full academic scholarship, graduating in 1978. While at Cumberland, he served as Chief Justice of the Moot Court Board, and was a member of the moot court team that won the regional competition held in Houston, Texas and competed as finalists in Washington D. C. in 1977.

After completing law school in 1978, Mr. Carn joined Lee & McInish as its first Cumberland graduate. He is the past president of the Houston County Bar Association, and a member of the Alabama State Bar, the American Bar Association, the Alabama Defense Lawyers Association, the International Association of Defense Counsel, the National Association of Bankruptcy Trustees and The Association of Credit and Collection Professionals.

In 1999, Mr. Carn was also selected to serve as a bankruptcy trustee for the United States Bankruptcy Court for the Middle District of Alabama and continues to serve in that capacity.

As with all members of the firm, Mr. Carn's practice includes all types of litigation. His areas of concentration are specific to creditors' rights, bankruptcy (creditors only), employment law, workers' compensation and transactional law. Mr. Carn is also a civil, appellate and divorce mediator, and arbitrator, certified by the Alabama Center for Dispute Resolution.

Bill is married to the former Diane Middleton from Enterprise, Alabama. Bill and Diane have two boys, Will and David.

Areas of Practice

General Civil Litigation

Commercial and Business Law

Employment Law

Mediation and Arbitration

Bankruptcy and Creditor's Rights

Transactional Law

Workers' Compensation

Collections and Creditor Defense

Bar Admissions

Alabama, 1989

U. S. District Court, Middle District of Alabama

1975

U.S. Court of Appeals, 11th Circuit, 1986

Education

Cumberland School of Law

Samford University, Birmingham Alabama 1975

J.D., Doctor of Jurisprudence

Auburn University

Auburn, Alabama

B.A., Bachelor of Arts

Honors: Cum Laude

Honors and Awards

Dean's Scholarship Recipient, Three Years

-Cumberland School of Law

Chief Justice, Moot Court Board

-Cumberland School of Law

Professional Associations and Memberships

Alabama State Bar (Member)

International Association of Insurance Counsel (Member)

Alabama Defense Lawyers Association (Member)

National Association of Bankruptcy Trustees (Member)

Certified in Civil Mediation, Divorce Mediation, Appellate Mediation, and Arbitration

Alabama Center for Dispute Resolution
Roster Mediator (Civil and Appellate)
Roster Arbitrator

The Association of Credit and Collection Professionals

Association for Conflict Resolution

Personal Information

Born February 8, 1953, Augusta, Georgia

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.