Alabama Supreme Court Affirms Avocent Ruling

In 2007, KBM filed a lawsuit against Avocent in the Circuit Court of Madison County, Alabama. For a number of years prior to filing suit, KBM had served as a contract manufacturer for Avocent, which designs various computer related products, including circuit boards. KBM claimed that certain of Avocent’s designs were defective, and for this and a variety of other reasons, KBM sought in excess of $10 million in damages.

In 2009, Avocent was acquired by Lightfoot’s longstanding client, Emerson Network Power, and Emerson engaged Lightfoot to assume the defense of the case for Avocent. At that time, the case was in the midst of expansive discovery, including the production of more than one million documents and depositions that would eventually span more than 65 days.

Upon their engagement, Lightfoot assembled a team of lawyers that included Sam Franklin and Melody Eagan and was led by David Pruet to assume responsibility for the suit. Lightfoot’s team then completed discovery, and in October of 2011, Lightfoot obtained a summary judgment against KBM on all of KBM’s claims. KBM then appealed that ruling to the Alabama Supreme Court, and following extensive briefing, the Alabama Supreme Court affirmed the trial court’s ruling in October of 2012.


Practice areas mentioned:
Product Liability
Manufacturing