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J. Brian Duncan Jr.

EMAIL
jbd@cunninghambounds.com

T (251) 471 6191T (251) 471 6191 F (251) 479 1031

Paralegal
Jennie Phillips
jlp@cunninghambounds.com


Legal Secretary
Chris Mayhall
ccm@cunninghambounds.com

Brian is passionate about helping his clients obtain the compensation and justice they deserve. He has been described by his peers as an “exceptionally talented top-tier lawyer,” who is “tenacious,”  “hard-working,” and “conscientious.” Brian’s practice includes handling complex wrongful death and catastrophic personal injury cases arising out of medical negligence, defective products, industrial accidents, commercial trucking accidents, and other cases involving serious wrongdoing. Brian is devoted to helping his clients through some of the most difficult times imaginable — the loss of a loved one or coping with the new realities that accompany life-altering personal injuries. Brian’s compassion for his clients forms the foundation of his practice and provides him an intense motivation to strive to achieve the best possible result for each of them. Brian understands that great legal results can only be obtained through painstaking preparation, study, and determination.

Brian has tried numerous jury trials that have resulted in multi-million dollar jury verdicts. Brian has represented clients in both federal and state courts. Brian has appellate experience and has argued before the Supreme Court of Alabama. Brian has also obtained many substantial confidential settlements in tragic cases involving death, brain injuries, spinal injuries, amputations, surgical errors, side-effects of prescription drug errors, and other significant personal injuries.

Brian’s courtroom successes and skillful negotiations in complex disputes have earned him recognition by numerous legal organizations and publications. Recently, Brian was selected as an Associate Fellow of the Litigation Counsel of America. The LCA is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. 

The following are a few of the results Brian has obtained as lead and co-counsel for his clients:

  • $140 million jury verdict for the wrongful death of a woman caused by a medical record transcription error and hospital negligence
  • $15 million jury verdict for the wrongful death of a woman who died in the hospital recovery room after she was administered an overdose of propofol (anesthesia drug) by an incompetent nurse
  • $7 million settlement in a product liability defect case
  • $5.9 million settlement arising out of the death of a construction worker
  • $4 million settlement in a medical malpractice case
  • $3.75 million settlement in a medical malpractice case
  • $2.8 million settlement in a Federal Tort Claim case arising out of a motorcycle accident
  • $2.4 million jury verdict against Farmers Insurance for fraudulent representations made to a local insurance agent
  • $2 million settlement in a medical malpractice case
  • $1.79 million jury verdict on behalf of a woman who fractured her hip and femur when she fell at a restaurant

Brian serves on the Board of Governors for the American Association for Justice as one of three representatives from Alabama. He is a member of the Alabama Association for Justice and the South Alabama Trial Lawyers Association.

Brian received his undergraduate degree from Texas Tech University and his law degree from Samford University Cumberland School of Law in Birmingham. Brian graduated near the top of his law school class, was on the Dean’s list each year, was awarded several academic merit scholarships, and was selected by the school faculty to serve as a Judge Abraham Caruthers Teaching Fellow to mentor other law students. Brian was a member of the Cumberland Law Review and Cumberland’s National Trial and Moot Court teams.  During law school Brian excelled in mock trial competitions. Among several other awards, he received the Best Speaker Award at the Lone Star National Trial Competition in San Antonio, TX and the Regional Best Advocate Award at the ABA National Appellate Competition in St. Louis, MO. He was selected to The Order of Barristers for excellence in courtroom advocacy. Brian also earned a Scholar of Merit Award for achieving the highest grade in his medical liability course, as well as multiple awards for the best written legal documents in his legal writing course.   

Brian, his wife, Breana, and their four children reside in Fairhope. When not practicing law, he enjoys spending time with his family and engaging in all types of physical fitness and outdoor activities. Brian is a Certified Strength & Conditioning Specialist by the NSCA and is active in promoting the importance of physical fitness and strength training. Brian and his family are members of First Baptist Church Fairhope.

Recognition & Awards

    • AV® Preeminent™ (Martindale Hubbell’s highest peer rating standard. This rating signifies that the lawyer’s peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills, and ethical standards)
    • Associate Fellow – Litigation Counsel of America (LCA is the trial lawyer honorary society, composed of less than one-half of one percent of American Lawyers)
    • Fellow – American Bar Foundation (an honorary society of lawyers and jurists that is limited to the top 1% of the lawyers admitted to practice in the United States)
    • America’s Top 100 Attorneys – Lifetime Achievement Membership (comprised of attorneys whose accomplishments merit lifetime achievement recognition)
    • Recognized as one of Mobile's "Forty Under 40" in 2013
    • Listed in Super Lawyers magazine as an  Alabama / Mid-South Region Rising Stars (2011-present)
    • Listed as a Top Rated Personal Injury Attorney by Super Lawyers
    • The National Trial Lawyers Top 100 Trial Lawyers in Alabama
    • The National Trial Lawyers Top 40 under 40 in Alabama
    • Scholar of Merit Award for superior performance in Medical Liability
    • Selected into the Order of Barristers for excellence in courtroom advocacy

Significant Verdicts

$140 Million Verdict for Wrongful Death of a Patient Due to Medical Transcription Errors

Juno v. Douglas A. Amare, M.D., et al. | Baldwin County, Alabama, Circuit Court | Case No. CV-2008-901100

Cunningham Bounds’ attorneys obtained a $140 million wrongful death verdict against Thomas Hospital and its outsourced medical transcription ...

$15 Million Verdict in Medical Malpractice Lawsuit

Oden v. Springhill Memorial Hospital | Mobile County, Alabama Circuit Court | Case No. CV-2010-900421-RPS

On June 25, 2012, Cunningham Bounds' attorneys obtained a $15 million verdict against Springhill Memorial Hospital for the wrongful death of a 45-y...

Jury Returns $2.4 Million Verdict Against Farmers Insurance For Fraud

Morris v. Farmers Group, Inc., et al. | Mobile County, Alabama, Circuit Court | Case No. 02-CV-2010-900355.00

A local insurance agent learned that Farmers was recruiting agents to sell its products.  At the time, he was a licensed insurance agent at an...

$1.79 Million Verdict for Woman over Slip and Fall Injury in Restaurant

Davis v. O’Charley’s, Inc.

Mobile, Ala. -- On September 29, 2010, a jury awarded a local woman $1.79 million in the retrial of Davis v. O’Charley’s, Inc., a slip ...

Publications

Dec 01, 2015 | Article

Ala. Code § 6-11-20(a)’s Clear and Convincing Evidence Standard Has No Application When Opposing a Motion for Summary Judgment

How often have you read the following in a brief supporting a motion for summary judgment in a fraud or wantonness case?

News

Mar 03, 2017

Supreme Court: Suit Against Mobile Shipbuilder Can Continue

https://www.usnews.com/news/best-states/alabama/articles/2017-03-03/supreme-court-suit-against-mobile-shipbuilder-can-continue MONTGOMERY, Ala. (AP...

Feb 20, 2017

Austal Employees Sue Over ‘Dangerous Tool'

By:  Bill Riales Published:  WKRG News 5, February 17, 2017 http://wkrg.com/2017/02/17/austal-employees-sue-over-dangerous-tool/ Eight cu...

Feb 16, 2017

This tool cuts fingers and gashes faces, but shipbuilder still uses it

By Jennifer Gollan Published:  February 16, 2017, Reveal - The Center for Investigative Reporting Martin Osborn had a job to do at the Alabama...

Dec 20, 2016

All Partners of Cunningham Bounds Receive 2016 Super Lawyers Ranking

Mobile, Ala. – All the partners of Cunningham Bounds, LLC were selected to the 2016 Mid-South Super Lawyers list of outstanding attorney...

Oct 12, 2016

BRIAN DUNCAN NAMED ASSOCIATE FELLOW OF LITIGATION COUNSEL OF AMERICA

Mobile, Alabama attorney J. Brian Duncan, Jr., of the law firm Cunningham Bounds, LLC, has been selected as an Associate Fellow of the Litigat...

Jul 08, 2015

All Cunningham Bounds Partners Named to Alabama Super Lawyers

All the partners of Cunningham Bounds, LLC have been named to the annual list of Alabama Super Lawyers & Rising Stars.  The Super Lawyers ...

Feb 04, 2013

$140 million verdict against Thomas Hospital was 7th largest in U.S. last year

By Brendan Kirby | bkirby@al.com  on February 04, 2013 at 3:36 PM, updated February 04, 2013 at 4:18 PM  http://blog.al.com/live/2013/02/...

Jan 12, 2013

Top Ten (#7) Jury Verdicts of 2012: Anger over outsourced medical transcription errors yields $140M

Anger over outsourced medical transcription errors yields $140M Sharon Juno died because of a typo. A lifelong diabetic, Juno had her insulin dosag...

Dec 17, 2012

Baldwin County jury hands down $140M settlement

BAY MINETTE, Ala. (WALA) - A Baldwin County jury returned the largest civil judgment for wrongful death in the county’s history. Thursday, th...

Dec 16, 2012

Fatal Outsourcing? Thomas Hospital Hit with $140 Million Verdict in Death of Daphne Woman

BY: Brendan Kirby, Press-Register  BAY MINETTE, Alabama – The family of a Daphne woman who received a lethal dose of medicine due to an...

Dec 14, 2012

Jury Holds Hospital & Transcription Company Responsible for Fatal Medication Error: $140 Million Verdict

Bay Minette, Ala. – On December 13, 2012, a Baldwin County, Alabama, jury returned a $140 million wrongful death verdict against Thomas Hospi...

Sep 18, 2012

Alabama jury awards $15M for death from propofol

Click here to view the article from Lawyers USA

Jun 28, 2012

Mobile Jury Returns $15 Million Verdict For Wrongful Death At Springhill Memorial Hospital

Mobile, Ala. – On June 25, 2012, a Mobile, Alabama, state court jury returned a $15 million verdict against Springhill Memorial Hospital for ...

Sep 29, 2010

Local Woman Receives Million Dollar Verdict in Case against O'Charley's Restaurant

Mobile, Ala. -- On September 29, 2010, a jury awarded a local woman $1.79 million in the retrial of Davis v. O’Charley’s, Inc., a slip ...

Education

  • Admitted to the Alabama Bar in 2008
  • Cumberland School of Law, J.D., cum laude, 2008
  • Texas Tech University, B.A., 2002

Affiliations

  • Member and on the Board of Governors of the American Association for Justice and serves as a member of the Public Affairs Committee
  • Member of the Alabama Association for Justice
  • Member of the Mobile Bar Association
  • Member of the South Alabama Trial Lawyers Association
  • Associate Fellow of the Litigation Counsel of America

Reported Decisions

Better Business Bureau Accredited Business

1601 DAUPHIN STREET, MOBILE, AL 36604
1-251-471 6191 TOLL FREE 1-800-472-6191 contact@cunninghambounds.com

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